United States v. Benner

Because the majority misreads the facts of this case, rejects the military judge’s special findings of fact without declaring them clearly erroneous, and misapplies the law relating to the voluntariness of confessions, as well as to the application of the exclusionary rule to evidentiary privileges,11 respectfully dissent.

First, the facts ineluctably lead me to but one conclusion—the impetus for appellant’s confessions was his wife, not misstatements by Chaplain S. Both appellant at trial and the Army Court of Criminal Appeals agree with me. United States v. Benner, 55 MJ 621, 623-24 (Army…