United States v. Ellis

I agree with Judge Effron’s factual recitation and legal framework for addressing the *384relationship between Issue I and Issue II; however, I join the conclusion in the lead opinion that appellant’s statement was voluntary and any error by the military judge in failing to provide an appropriate remedy in view of the lost evidence was harmless.

Although I agree with the result reached in the lead opinion, I write separately to address concerns I have about the way the result is reached. On Issue I, the majority opinion fails to capture or acknowledge the potentially coercive effect a threat to…