Legal Opinion · Concurrence

United States v. Guyton-Bhatt

Court of Appeals for the Armed Forces

Decided June 19, 2002No. 01-0386/ARPublished

1ConcurrenceSullivan, Senior Judge

I agree with the Court of Criminal Appeals, which applied all this Court’s precedent to the granted issue in this case. See United States v. Swift, 53 MJ 439, 445-46 (2000); United States v. Loukas, 29 MJ 385 (CMA 1990). It said:

The issue is not whether the questioner is participating in any official questioning, but rather whether the primary focus of the questioning relates to an official law enforcement or disciplinary investigation or inquiry.

United States v. Guyton-Bhatt, 54 MJ 796, 803 (Army Ct.Crim.App.2001). I would affirm under United States v. Loukas, supra.

I do not believe that…

2Cases cited7 opinions

  1. United States v. DugaUnited States Court of Military Appeals · 1981
  2. United States v. LoukasUnited States Court of Military Appeals · 1990
  3. United States v. SwiftCourt of Appeals for the Armed Forces · 2000
  4. United States v. RaymondUnited States Court of Military Appeals · 1993
  5. United States v. FisherUnited States Court of Military Appeals · 1972

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