United States v. McMurrin
2011 CAAF LEXIS 279
| C.A.A.F. | 2011Background
- Appellee was convicted by general court-martial of conspiracy to possess cocaine, unlawful possession of cocaine, obstruction of justice, negligent homicide, and related offenses under the UCMJ; sentence was confinement 66 months, reduction to E-1, forfeiture, and dishonorable discharge (discharge later not executed).
- NMCCA reversed and dismissed the negligent-homicide and related charges, ruling negligent homicide was no longer an LIO of involuntary manslaughter after United States v. Jones and thus failed constitutionally as notice.
- The government certified on October 21, 2010 that the Navy-Marine Corps Court of Criminal Appeals erred by treating negligent homicide as an LIO of involuntary manslaughter on insufficient notice under Footnote 11 of Jones.
- This Court held there was plain error in treating negligent homicide as an LIO of involuntary manslaughter and that NMCCA correctly set aside the conviction.
- The Court affirmed NMCCA’s disposition, concluding the conviction violated due-process rights since not all elements of negligent homicide were contained in the charged offense and the error was prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convicting negligent homicide as an LIO of involuntary manslaughter violated due process. | Appellee; the government failed to prove the proper LIO after Jones. | Government; the error was not prejudicial or not plain because LIO distinctions were arguable at trial. | Yes; plain error, prejudicial to a substantial right. |
| Whether the error was plain and prejudicial under Olano standard. | Appellee; error was plain and prejudicial. | Government; prejudice uncertain or not substantial. | Yes; the error was plain and prejudicial. |
| Whether the error was structural. | Appellee; error was structural and reversible. | Government; not structural; prejudice governs plain-error review. | No; not structural; prejudice analysis controls. |
Key Cases Cited
- United States v. Girouard, 70 M.J. 5 (C.A.A.F.2011) (reaffirms that negligent homicide is not an LIO of involuntary manslaughter; tests prejudice under plain-error)
- United States v. Jones, 68 M.J. 465 (C.A.A.F.2010) (adopts strict elements test for LIO and clarifies notice concerns)
- United States v. Miller, 67 M.J. 385 (C.A.A.F.2009) (rejects implied-elements approach in LIO analysis)
- Patterson v. New York, 432 U.S. 197 (U.S. 1977) (due-process requirement to prove all elements beyond a reasonable doubt)
- United States v. Harcrow, 66 M.J. 154 (C.A.A.F.2008) (plain-error framework when law at trial was settled but changed on appeal)
- Jones, United States v., 68 M.J. 465 (C.A.A.F.2010) (analysis of LIO and variance/amendment concepts in plain-error review)