Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
November 17, 2016
Document Release Date: 
July 3, 2000
Sequence Number: 
Case Number: 
Publication Date: 
October 15, 1958
Content Type: 
PDF icon CIA-RDP75-00001R000300260028-7.pdf54.67 KB
Appro'ved "For Release 2000/08/03: CIA-RDP75-00001 R a the majority "would very ef- fectively hamper the prosecu- tion of an admitted offender." Noting the overturning of a previous decision wh2ch per mitted in evidence a gun al- though a statement about the' weapon's location was inad-, missible, Latimer said military authorities who look to the court for guidance "must won der at the cavalier manner in based its case on evidence which we overturn our previ-' turned upas a result of those ous holding." statements. Wender said the I case was an_ u}igwfu'A-search" of Haynes' mind. The evidence was inadmis sible at the trial, Ferguson! wrote, and the ramifications of Military Court Rules Out Evidence Based on Inadmissible Confessions the person wh'gave the con- o fession. The court split 2 to 1 in reversing the conviction of In a major decision, the United States Court of Mili- tary Appeals ruled yesterday that evidence uncovered by military prosecutors as a re- sult of an inadmissible confes- sion may not be used against and extortion changes. lunge, a.kJCx ~ny,_JL}r1~,.,,,1956, preliminary to being given a h i g h e r security clearance. Prior to this examination, De- f e n s e Attorney Harry S. Wender contended, Haynes .?~ilred his nswer`s would he treated wink pifitlnce.: ad would not lea' to criminal prosecution ,. However Haynes was charged after the; lie detector Ai-man i/c t.;yrus w. Haynes, wug4 ae was given a ne aetec-~ opinion, Judge George M. Lati- 25, of Cullman, Ala., on morals, or test by a civilian 'intelli-imer declared that a widespread The majority -decision, written by Judge Homer Fer- guson and concurred in by Chief Judge Robert E. Quinn, threw out a provision of the Manual for Courts-Martial per- I f essions by force or other un mitting such evidence to beilawful means "and then simp- used antcii also overturned an 1y rest the prosecution's case earlier nililitary appellate court, upon the evidence procured ruling, (through those statements." The Havnes case heenn . In 'a permitting such evidence "are dire in the extreme." To sgnc-l tion S, ichproc.edures,re'udge cTecTared, would be to permit the prosgcutionto obtain con- Approved For Release 2000/08/03 : CIA-RDP75-00001 R000300260028-7