United States v. Flores
2011 CAAF LEXIS 96
| C.A.A.F. | 2011Background
- Flores pleaded guilty to two specifications disobeying a lawful order and pleaded not guilty to two more specifications disobeying a lawful order and two specifications of making false official statements.
- A military judge sitting as a special court-martial convicted Flores on all charges; sentence was bad-conduct discharge, six months’ confinement, and reduction to E-1; convening authority approved; Air Force Court of Criminal Appeals affirmed.
- The court granted review to assess whether trial counsel improperly referenced Fifth Amendment–protected statements from Flores during closing and whether she commented on Flores’ right to remain silent.
- During plea inquiry, Flores admitted taking two photographs and a video of detainees and transferring the photos to Airman AB; the military judge reserved findings until after contested trial.
- The record shows trial evidence of Flores’ romantic involvement with detainee Hassam, sexual activity in the facility, and filming/distracting conduct with detainees, as well as Flores’ inconsistent statements to investigators.
- The appellate court ultimately held any errors harmless beyond a reasonable doubt and affirmed the Air Force Court of Criminal Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether closing remarks referencing providence inquiry statements violated Fifth Amendment protections. | Flores | U.S. | Harmless beyond a reasonable doubt. |
| Whether trial counsel’s references to Flores’ failure to testify violated the right to remain silent. | Flores | U.S. | Harmless beyond a reasonable doubt. |
| Whether cumulative error warrants relief. | Flores | U.S. | No reversible cumulative error; affirm. |
| Whether plain error standard governs unpreserved constitutional errors. | Flores | U.S. | Applied; errors found harmless beyond a reasonable doubt. |
Key Cases Cited
- United States v. Carter, 61 M.J. 30 (C.A.A.F. 2005) (prohibition on improper comment about silence in guilt plea context)
- United States v. Resch, 65 M.J. 233 (C.A.A.F. 2007) ( Fifth Amendment withdrawal of rights limited to offenses pled to)
- United States v. Moran, 65 M.J. 178 (C.A.A.F. 2007) (standard for reviewing constitutional error de novo)
- United States v. Schroder, 65 M.J. 49 (C.A.A.F. 2007) (plain-error review framework)
- United States v. Maynard, 66 M.J. 242 (C.A.A.F. 2008) (plain-error harmless-beyond-a-reasonable-doubt standard)
- United States v. Webb, 38 M.J. 62 (C.M.A. 1993) (government may comment on failure to refute evidence)
- Coven v. United States, 662 F.2d 171 (2d Cir. 1981) (comment on failure to testify evaluated for impact on jury)