CAAF Opinion Digest · one opinion, every topic

U.S. v. Clemente, 50 M.J. 36

Decided Feb 3, 1999 · No. 97-0978/AF · 1999 Term · Opinion (PDF)

Digested under 2 topics

Trial Stages: Sentence and Punishment: Evidence

  1. unfavorable information file, directly rebutting defense sentencing evidence, fit within RCM 1001 pre-sentencing rules; military judge did not abuse discretion in finding the evidence more probative than prejudicial
  2. inadmissibility under one rule does not preclude admissibility under another rule

Trial Stages: Appeals: Standards of Review, Burdens, etc.

  1. military judge’s decision to admit pre-sentencing evidence is reviewed under a clear abuse of discretion standard
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