Saturday, August 09, 2008
Trying to do this all by BlackBerry, so bear with me. According to our growing horde of Army lurkers (there are now apparently 2), ACCA affirmed a military judge's exclusion of an accused's statements under the 4th Amendment exclusionary rule. See United States v. Martinez, Army Misc. 2008032 (A. Ct. Crim. App. Aug 5, 2008). I know I initially read the first 2 pages of the op. and thought that 4th Amendment was a typo, it is not. Holding is based on an illegal apprehension. In any event the Art. 62 appeal affirmed the MJ and returned the case for trial, which apparently is another of the Iraq based courts martial. See New York Times coverage here.
Posted by Mike "No Man" Navarre at 8:30 AM