United States v. Vaughters

42 M.J. 564, 1995 CCA LEXIS 134, 1995 WL 259200
CourtUnited States Air Force Court of Criminal Appeals
DecidedApril 26, 1995
DocketNo. ACM 30799
StatusPublished
Cited by7 cases

This text of 42 M.J. 564 (United States v. Vaughters) is published on Counsel Stack Legal Research, covering United States Air Force Court of Criminal 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. Vaughters, 42 M.J. 564, 1995 CCA LEXIS 134, 1995 WL 259200 (afcca 1995).

Opinion

OPINION OF THE COURT

YOUNG, Senior Judge:

The main issue raised in this appeal is how the rule in Edwards v. Arizona applies to police-initiated interrogation of a suspect who has not been held in continuous custody between assertion of his right to counsel and the subsequent interrogation.

A military judge convicted appellant of wrongfully using cocaine (Article 112a, UCMJ, 10 U.S.C. § 912a) and sentenced him to a bad-conduct discharge, confinement for 6 months, forfeiture of $300 pay per month for 8 months, and reduction to E-l. Appellant assigns two errors, and this Court specified a third: (1) whether appellant was denied his right to counsel by being interrogated after invoking that right; (2) whether appellant’s confession was coerced; and (3) whether appellant’s trial defense counsel provided ineffective assistance. Finding no error, we affirm.

I. Appellant’s Confession

A Facts

At trial, the parties stipulated to facts surrounding appellant’s confession. On 10 February 1993, Security Police investigators interviewed appellant about his involvement with illegal drugs. When the investigators expressed doubts about appellant’s story, appellant requested counsel, but agreed to provide a urine specimen for testing. The interview was terminated and appellant provided the specimen. The urine specimen tested positive for the presence of a metabolite of cocaine. The results of the urinalysis were reported back to the Air Force Office of Special Investigations (AFOSI), rather than the Security Police. Agents of the AFOSI called appellant to their office on 1 March 1993 for an interview. They were unaware that, and apparently did not ask if, appellant had previously invoked his right to counsel. The AFOSI agents advised appellant of his rights to remain silent and to have an attorney. Appellant waived these rights in writing and agreed to be interviewed. Appellant then admitted snorting two lines of cocaine while at a local night club.

B. Right to Counsel

The Supreme Court has established a bright-line rule for police officers to follow:

[W]e now hold that when an accused has invoked his right to have counsel present during custodial interrogation, a valid waiver of that right cannot be established by showing only that he responded to further police-initiated custodial interrogation even if he has been advised of his rights. We further hold that an accused, ... having expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him, unless the accused himself initiates further communication, exchanges, or conversations with the police.

Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 1884-85, 68 L.Ed.2d 378, 386-87 (1981), reh. denied, 452 U.S. 973, 101 S.Ct. 3128, 69 L.Ed.2d 984 (1981). The Edwards rule prohibits police-initiated custodial interrogation until an attorney is present, not just until the suspect has had an opportunity to consult with an attorney. Minnick v. Mississippi 498 U.S. 146, 151-52, 111 S.Ct. 486, 490, 112 L.Ed.2d 489, 496-97 (1990) (citing Miranda v. Arizona, 384 U.S. 436, 474, 86 S.Ct. 1602, 1628, 16 L.Ed.2d 694, 723-24 (1966), reh. denied, 385 U.S. 890, 87 S.Ct. 11, 17 L.Ed.2d 121 (1966). Although the Supreme Court has reserved judgment on whether the Fifth Amendment and the Mi[566]*566randa/Edwards line of cases apply to the military, Davis v. United States, — U.S. -,-n. *, 114 S.Ct. 2350, 2357 n. *, 129 L.Ed.2d 362, 374 n. * (1994), the President and the military appellate courts have so applied them. See R.C.M. 304 and 305; United States v. Reeves, 20 M.J. 234 (C.M.A. 1985) (applying Edwards); United States v. Tempia, 16 U.S.C.M.A. 629, 37 C.M.R. 249, 1967 WL 4235 (1967) (applying Miranda).

By its very terms, Edwards is limited to custodial interrogations. In the military, interrogation of a suspect must be preceded by a warning containing the nature of the accusation, the right to remain silent, and that any statement made may be used as evidence in a trial by court-martial. Mil. R.Evid. 305(c). Only if the suspect is in custody, must he also be advised of his right to counsel. Mil.R.Evid. 305(d). As law enforcement officials notified appellant of his right to counsel on both occasions, and neither party presented evidence on the issue of custody, we will assume that appellant was in custody during each of the interrogations. It is undisputed that the AFOSI agents initiated the second interrogation of appellant after he had invoked his right to counsel.

The Supreme Court seems to have established two standards for appellate courts to apply when reviewing the trial court’s ruling on the admissibility of a confession. If the accused claims his mental condition prevented him from freely, knowingly, and intelligently waiving his rights, then admissibility is a matter of the rules of evidence, and appellate courts apply an abuse of discretion standard. See Colorado v. Connelly, 479 U.S. 157, 107 S.Ct. 515, 93 L.Ed.2d 473 (1986). However, a due process issue requires de novo review.

[T]he ultimate issue of “voluntariness” is a legal question requiring independent federal determination____ That duty ... is not limited to instances in which the claim is that the police conduct was “inherently coercive.” It applies equally when the interrogation techniques were improper only because, in the particular circumstances of the ease, the confession is unlikely to have been the product of a free and rational will.

Miller v. Fenton, 474 U.S. 104, 110, 106 S.Ct. 445, 449-50, 88 L.Ed.2d 405, 411 (1985) (citations omitted). The Supreme Court has not promulgated a standard for reviewing allegations of technical violations of the Edwards rule; however, the absence of an expression of such a standard suggests that the Supreme Court reviews such issues de novo. Regardless, we will apply the de novo standard. Although not required to do so under Article 66(c), UCMJ, in applying either standard we normally will defer to the military judge’s findings of fact unless they are clearly erroneous. United States v. French, 38 M.J. 420, 424-25 (C.M.A.1993); United States v. Washington, 42 M.J. 547 (AF.Ct.Crim.App.1995).

The rule in Edwards was clearly designed to implement the Supreme Court’s desire to protect an accused from the “‘inherently compelling pressures’ of custodial interrogation.” Arizona v. Roberson, 486 U.S. 675, 681, 108 S.Ct. 2093, 2097, 100 L.Ed.2d 704, 713 (1988) (quoting Miranda v. Arizona, 384 U.S. 436, 467, 86 S.Ct. 1602, 1624, 16 L.Ed.2d 694, 719-20 (1966)).

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42 M.J. 564, 1995 CCA LEXIS 134, 1995 WL 259200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-vaughters-afcca-1995.