United States v. Coppock

37 M.J. 145, 1993 CMA LEXIS 77, 1993 WL 225162
CourtUnited States Court of Military Appeals
DecidedJune 25, 1993
DocketNo. 68,005; CMR No. 29009
StatusPublished
Cited by3 cases

This text of 37 M.J. 145 (United States v. Coppock) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Coppock, 37 M.J. 145, 1993 CMA LEXIS 77, 1993 WL 225162 (cma 1993).

Opinion

Opinion of the Court

CRAWFORD, Judge.

Pursuant to his pleas, appellant was convicted of two separate desertions, escaping from confinement, carnal knowledge, two automobile larcenies, assault on a civilian police officer, and kidnapping a 4-year-old child, in violation of Articles 85, 95, 120, 121,128, and 134, Uniform Code of Military Justice, 10 USC §§ 885, 895, 920, 921, 928, and 934, respectively. He was sentenced to a dishonorable discharge, confinement for 25 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority approved the sentence, except for confinement exceeding 19 years. The Court of Military Review affirmed the findings and sentence in an unpublished opinion dated April 2, 1992. We granted review on the following issue:

WHETHER THE MILITARY JUDGE COMMITTED AN ABUSE OF DISCRETION BY DENYING APPELLANT’S CHALLENGES FOR CAUSE AGAINST LIEUTENANT COLONEL JASPER AND MAJOR MCDUFFIE.

We resolve this issue adversely to appellant.

On March 26,1990, appellant was lawfully ordered into pretrial confinement at Keesler Air Force Base confinement facility. On April 17, 1990, he escaped from confinement. The next morning Airman Coppock appeared at a Ford dealership about fifteen to twenty miles from the Air Force base. He asked to see a small, fuel-efficient car. He was shown a Ford Festiva. During the test drive, he drove away from the salesman as they stopped to ex[146]*146change seats. About 45 minutes later he was spotted at a local gas station. The civilian authorities were notified, and he was apprehended following a high-speed chase.

After appellant’s pleas of guilty were accepted, court members were sworn and voir dire took place. Appellant claims that the judge abused his discretion when he did not grant appellant’s challenges for cause against Lieutenant Colonel Jasper and Major McDuffie.

During the individual voir dire, Lieutenant Colonel Jasper answered as follows: Questions by the Military Judge:

Q: [Wjhat we would like to find out is what you’ve heard or read or seen about this case, if anything.
A: Do you want me to just answer the general question, sir?
Q: Please.
A: I do remember seeing on TV when Airman Coppock left the security here at Keesler and there was some television coverage of that, that he — he had escaped and was gone for some time and was apprehended by civilian authorities in southern Mississippi, that there was some sort of a chase involved in it, and at the end of that chase, I think there was a car crash and Airman Coppock needed some medical attention after that.
Q: Anything else that you remember?
A: Oh, general circumstances about why he was confined concerned coming here from Spain with a minor and a small child — abducting a small child; but only in generalities.
Q: Did the media coverage cause you to form an opinion as to whether the accused actually committed all the offenses suggested in the coverage?
A: I don’t believe so, no.
Q: Did the media coverage cause you to form any personal animosity towards Senior Airman Coppock?
A: No.
Q: Did the media coverage or what else you may have learned about the case cause you to form an opinion as to an appropriate kind or amount of punishment to impose in this case?
A: No.
Q: Now, I’ve already told you .that the accused entered a plea of guilty and I found him guilty of the offenses that you have before you and evidence is going to be presented later in the trial so that the members can decide on an appropriate sentence for this accused. Can you lay aside any impressions you might have formed because of what you heard about this case and determine an appropriate sentence for this accused based solely upon the evidence you hear in this court?
A: Yes.

Questions of Trial Counsel:

Q: Sir, you mentioned that you had some awareness of what you described as the general circumstances about why Airman Coppock had been confined. Was that something you also heard on television broadcasts?
A: I think that is where I picked up the information solely. I don’t remember reading about it in the newspaper.
Q: Do you remember this being a single television broadcast that you saw or was this over a course of several days?
A: I really — I really couldn’t tell you.
Q: I know we’re asking you to think back in time, but can you recall about how long it’s been since you recall having been exposed to this information at all?
A: Oh, it was in February, I believe.
Q: On the 27th of April, do you remember receiving a directive from Major General Harvey to avoid any media coverage related to this accused or the facts surrounding the case?
A: I do.
Q: Have you done that since the 27th?
A: I have.
Q: Other than this one television broadcast that you described for us, do you [147]*147believe that you have been exposed, even inadvertently, to any coverage before or after the 27th of April?
A: I have not since the 27th of April. Aside from what I described, I can’t remember any other time, no.
Q: Do you understand, as the judge has explained to you, the importance of your decision in this case being based upon the evidence that comes before you in the courtroom, do you not?
A: I do.
Q: Do you believe that you are able to limit your judgment on the amount and type of punishment that Airman Cop-pock should receive to the facts that you consider here in the court and not something that you heard about during a television broadcast?
A: Yes.
Q: Do you also believe that it will be possible for you to avoid, as the judge has instructed you, any continued exposure to media coverage from this point forward until the trial concludes?
A: Yes.
TC: Nothing else, sir.
MJ: Captain Miller?
Questions by Defense Counsel:
Q: [W]hat were your thoughts when you saw that coverage on TV?
A: The — my primary thoughts at that time were that we were going through a major command inspection and this was a heck of a time for this to happen.
Q: Did that inspection include part of your group?
A: It did.
Q: Any other thoughts?
A: That it was, primarily, and I can’t— I’m trying to remember. Yes, that was my major thought and that I hope he was reapprehended quickly.

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Bluebook (online)
37 M.J. 145, 1993 CMA LEXIS 77, 1993 WL 225162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-coppock-cma-1993.