United States v. Gilchrist

61 M.J. 785 (2005)

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United States v. Gilchrist

United States Army Court of Criminal Appeals
61 M.J. 785 (2005)

Facts

Private First Class Aaron Gilchrist (defendant) was transported to Fort Bliss, Texas for an Article 32 investigation in connection with several alleged violations of the Uniform Code of Military Justice (UCMJ). Gilchrist arrived at Fort Bliss the evening before his hearing and needed to be detained overnight. Because the detention cell at Fort Bliss was full, Gilchrist was placed in a barracks-utility room. On a previous occasion, a detainee had escaped through the utility room’s window, and therefore, although he was not a flight risk, Gilchrist was shackled to a cot in the room overnight. At his trial, Gilchrist alleged that shackling him to the cot had violated Article 13 of the UCMJ and requested that the military judge grant him confinement credit as a remedy. The military judge, finding that the shackling had not violated Article 13, denied Gilchrist’s request for confinement credit. Gilchrist appealed.

Rule of Law

Issue

Holding and Reasoning (Schenck, J.)

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