Legal Opinion · Dissent

United States v. French

United States Court of Military Appeals

Decided September 30, 1993No. 93-0534; CMR No. 29123Published

1DissentSullivan, Chief Judge

I respectfully dissent from the majority opinion. It implies that Air Force Office of Special Investigations (OSI) Special Agent (SA) Sterne and appellant’s first sergeant were present at his interrogation to protect appellant’s rights. It also suggests that “their presence and cooperation” at this interrogation was at best insensitive to Article 31, Uniform Code of Military Justice, 10 USC § 831, and the Constitution. Such a benign view of these military authorities’ participation in appellant’s interrogation and resulting confession strikes me not only as unjustified but also as…

2Cases cited27 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. Milan Bagaric, Mile Markich, Ante Ljubas, Vinko Logarusic, Ranko Primorac, and Drago SudarCourt of Appeals for the Second Circuit · 1983
  3. United States v. RosenthalCourt of Appeals for the Eleventh Circuit · 1986
  4. United States v. TraversUnited States Court of Military Appeals · 1987
  5. United States v. Alonzo Rice, Jr.Court of Appeals for the Seventh Circuit · 1993

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