U.S. v. Muirhead, 51 M.J. 94

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Confessions and admissions

1. military judge applied the wrong test when he placed great weight on the subjective opinions of law enforcement agents as to whether Article 31 warnings were required; the issue must be viewed objectively

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Appellate Burdens, Standards, Etc. › Admission/suppression of evidence

1. Court of Criminal Appeals applied the wrong test when it placed great weight on the subjective opinions of law enforcement agents as to whether Article 31 warnings were required; the issue must be viewed objectively

Trial Stages: Appeals: Harmless / Prejudicial Error

1. erroneous admission of appellant’s statements taken in violation of Article 31, UCMJ, was error not amounting to a constitutional violation and will be deemed harmless if the factfinder was not influenced by it, or if the error had only a slight effect on the resolution of the issues in the case
2. erroneous admission of appellant’s statements taken in violation of Article 31, UCMJ, had a substantial influence on the findings and was not harmless where: (1) there was no direct evidence that appellant committed the offense; (2) statements provided potential motive for the offense; (3) statements provided problematic explanation why no blood was found; (4) statement provided unusual characterization for why child would injure herself; (5) statements provided unordinary means child used to stop bleeding; and (6) appellant denied that he heard his injured child cry out that evening

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

1. a military judge’s decision on whether a person being questioned is a suspect is reviewed de novo
2. military judge and Court of Criminal Appeals applied the wrong test when they placed great weight on the subjective opinions of law enforcement agents as to whether Article 31 warnings were required; the issue must be viewed objectively