Legal Opinion

United States v. Lincoln

U.S. Navy-Marine Corps Court of Military Review

Decided July 28, 1994No. NMCM No. 9400425PublishedCited by 8 opinions

1Opinion of the Court

MOLLISON, Senior Judge:

The single issue in this interlocutory appeal by the Government is whether the military judge erred in suppressing the accused’s pretrial confession. We conclude that he did. Accordingly, we reverse the military judge’s ruling suppressing appellee’s pretrial confession (Appellate Exhibit XI), order the appellee’s pretrial confession to be admitted subject to corroboration (Mil.R.Evid. 304(g)(2)), and return the record for a trial on the merits.

On 17 September 1993, the appellee, a 26-year old Fire Controlman Second Class, gave a sworn, written statement (Appellate…

2Cases cited44 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Edwards v. ArizonaSupreme Court of the United States · 1981
  3. Colorado v. ConnellySupreme Court of the United States · 1986
  4. Massiah v. United StatesSupreme Court of the United States · 1964
  5. Kirby v. IllinoisSupreme Court of the United States · 1972

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3Cited by8 opinions

  1. United States v. LincolnCourt of Appeals for the Armed Forces · 1995
  2. United States v. BubonicsU.S. Navy-Marine Corps Court of Military Review · 1994
  3. United States v. MillerNavy-Marine Corps Court of Criminal Appeals · 2008
  4. United States v. DavisUnited States Air Force Court of Criminal Appeals · 2005
  5. United States v. GoreNavy-Marine Corps Court of Criminal Appeals · 2003

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