United States v. Trotter

DECISION

ARROWOOD, Judge:

A special court-martial convicted the accused of making a false official statement and filing a fraudulent claim in violation of Articles 107 and 132, Uniform Code of Military Justice, 10 U.S.C. §§ 907, 932.

Appellate defense counsel assert that the accused’s confession which resulted from questioning the accused without advisement of his rights under Article 31, Code, 10 U.S.C. § 831, supra, was improperly admitted into evidence. However, Government counsel contend that advice under Article 31, Code, supra, was not required because the accused was not a suspect at the…