CORE CRIMINAL LAW SUBJECTS: Motions, Generally: Standing

2001

United States v. Dinges, 55 MJ 308 (an appellant does not have standing to raise the violation of anotherís Fifth Amendment rights).

1999

United States v. Jones, 52 MJ 60 (standing determines whether a party to a lawsuit may move to suppress evidence or dismiss charges; standing is conferred to allow a moving party with a personal stake in the outcome to enforce his or her rights or to prevent a serious risk of unreliable evidence being received at the movantís trial).

(standing will not be granted to one person to challenge violations of anotherís rights under Miranda v. Arizona, 384 U.S. 436 (1966), Article 31(b), UCMJ, and the Fifth Amendment right to remain silent as the privileges thereunder are personal ones that may be exercised or waived at the discretion of the individual holder of the privilege).

(an accused has standing to object to when the actions of the government impact on the reliability of the evidence presented against him at trial, e.g., coerced confessions, unlawful command influence, interference with the rights of confrontation or cross-examination, and interference with the right to present evidence, even where those government actions may have violated rights held personally by other than the accused).


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