United States v. Butler

17 C.M.A. 344, 17 USCMA 344, 38 C.M.R. 142, 1967 CMA LEXIS 192, 1967 WL 4396

• Court: United States Court of Military Appeals
• Decided: December 22, 1967
• Docket: No. 20,447
• Status: Published

Opinions

Opinion of the Court

FERGUSON, Judge:

This case involves the same issue as that presented in United States v Lincoln, 17 USCMA 330, 38 CMR 128, this day decided. Here, the trial counsel also sought to impeach the accused’s trial testimony by use of his pretrial, in-custody statements without any showing of compliance with Miranda v Arizona, 384 US 436, 16 L ed 2d 694, 86 S Ct 1602 (1966), and United States v Tempia, 16 USCMA 629, 37 CMR 249. This was prejudicial error. United States v Lincoln, supra.

The decision of the board of review is reversed, and the record of trial is returned to the Judge Advocate General of the Army. A rehearing may be ordered.

Judge Kilday concurs.