U.S. v. Sidwell, 51 M.J. 262

Trial Stages: Merits: Instructions › Generally

1. military judge’s curative instructions on improper evidence of rights invocation were sufficient and it may be presumed that the members followed those instructions where: (1) the members were told to disregard the evidence for all purposes; (2) the members were voir dired on their understanding of the instruction; and (3) a second more general instruction was given at the end of the case

Trial Stages: Appeals: Harmless / Prejudicial Error

1. where there is constitutional error, all of the circumstances should be considered in determining whether the error was harmless beyond a reasonable doubt
2. improper evidence of rights-invocation, viewed in its entirety, was harmless beyond a reasonable doubt and did not have great potential to prejudice appellant where: (1) the evidence was an isolated reference to a single invocation; (2) the reference was brief and provided no details as to the right invoked or the offense involved; (3) the military judge gave prompt curative instructions; (4) the government did not exploit the evidence; and (5) the military judge struck the offending witness’s testimony and prevented further testimony which would have included an implied admission by appellant
3. improper evidence of rights invocation had marginal impact on members’ deliberations where: (1) government’s case was overwhelming; (2) the inadmissible evidence had no bearing of defense attack on motives and military character of key government witness, or on the physical improbability of that witness’s version of events; and, (3) appellant did not testify and, therefore, could not be impeached on this basis

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. where there is constitutional error, all of the circumstances should be considered in determining whether the error was harmless beyond a reasonable doubt