No. 24-740

Jonel H. Guihama v. United States

Lower Court: Armed Forces
Docketed: 2025-01-14
Status: Denied
Type: Paid
Response Waived
Tags: confession-corroboration constitutional-safeguards false-confession interrogation-tactics military-evidence psychological-coercion
Key Terms:
CriminalProcedure
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether courts must consider the circumstances of a confession's obtainment, including psychological pressure and coercive interrogation tactics, when determining corroboration under Mil. R. Evid. 304(c), and whether the rule provides constitutionally adequate safeguards against false confessions

Question Presented (OCR Extract)

Whether courts must consider the circumstances under which a confession was obtained—including extensive psychological pressure and coercive interrogation tactics—when determining if that confession is adequately corroborated under Mil. R. Evid. 304(c), in an analysis separate from and independent of the Miranda, 384 U.S. 436 (1966) voluntariness determination; and whether the rule provides constitutionally adequate safeguards against false confessions when courts permit corroboration to rest solely on innocent background facts that would exist regardless of whether any crime occurred, particularly where alleged victims deny any memory of abuse and the only independent evidence consists of routine family interactions?

Docket Entries

2025-02-24
Petition DENIED.
2025-01-29
DISTRIBUTED for Conference of 2/21/2025.
2025-01-22
Waiver of United States of right to respond submitted.
2025-01-22
Waiver of right of respondent United States to respond filed.
2025-01-08
Petition for a writ of certiorari filed. (Response due February 13, 2025)
2024-11-06
Application (24A436) granted by The Chief Justice extending the time to file until January 11, 2025.
2024-10-30
Application (24A436) to extend the time to file a petition for a writ of certiorari from November 12, 2024 to January 11, 2025, submitted to The Chief Justice.

Attorneys

Jonel H. Guihama
Andrew David CherkaskyGolden Law, Inc. , Petitioner
Andrew David CherkaskyGolden Law, Inc. , Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent