United States v. Brabant

I agree that the conversation between appellee and his commanding officer which occurred shortly after appellee’s exercise of his right to consult with counsel was not admissible as evidence against him. I agree that Mil.R.Evid. 410, Manual for Courts-Martial, United States, 1984, would bar admissibility of the evidence. United States v. Barunas, 23 MJ 71 (CMA 1986). I respectfully dissent from the majority’s characterization of this conversation as an interrogation.

I have elsewhere stated my grave reservations about applying civilian constitutional doctrines to military jurisprudence without…