United States v. Miller - U.S. Court of Appeals for the Armed Forces

United States v. Miller, 08-0580/ARoccurred at Camp Red Cloud, South Korea, on March 11, 2005.Early that morning, MPs were called to take custody of Appellantfrom the Korean National Police (KNP), who had apprehendedAppellant for an alleged assault. The MPs arrived at the KNPguard box at the gate of Camp Red Cloud and proceeded to takeAppellant into military custody. As the MPs went to place handirons on Appellant, he ran to the door of the room, but wasunable to leave because it was locked. Appellant struggled withthe MPs and members of the KNP -- hitting one KNP investigator-- and was eventually subdued.At Appellant’s subsequent court-martial, the panelconvicted him, contrary to his pleas, inter alia, of resistingapprehension in violation of Article 95, UCMJ, 10 U.S.C. § 895(2000). 2 On appeal, the United States Army Court of CriminalAppeals (CCA) found the evidence factually insufficient to provethe resisting apprehension charge, as Appellant was already incustody when the MPs came to the KNP guard box. United Statesv. Miller, No. ARMY 20060224, slip op. at 4 (A. Ct. Crim. App.Mar. 24, 2008). The CCA stated:The panel convicted appellant of resistingapprehension by Private First Class (PFC) ES, amilitary police officer (MP) at the Korean National2 Appellant does not challenge his convictions of unrelatedcharges of going absent without leave, assaulting anoncommissioned officer, and using provoking words in violationof Articles 86, 91, and 117, UCMJ, 10 U.S.C. §§ 886, 891, 917(2000), respectively.3