United States v. Catrett

I agree with the majority’s discussion of Issues II and III. However, as to Issue I, I agree with the military judge that a “[pjolice-man’s ... uncommunicated decision to arrest ... does not bear on whether the suspect is in custody.” Based on the facts and this conclusion of law, she correctly held that appellant was not in custody.

FACTS

After returning home from a 2 months’ deployment, appellant became convinced that his best friend, A1C Walker, had began a sexual relationship with appellant’s wife. In Walker’s presence, appellant’s wife said she wanted to leave him. Appellant than “struck…