U.S. v. Spann, 51 M.J. 89

Core Criminal Law Subjects: Witnesses: Sequestration

1. military judge erred in relying on 42 USC § 10606 as the basis for rejecting a motion to sequester a victim and her mother who were to testify on sentencing; see MRE 615

Trial Stages: Appeals: Harmless / Prejudicial Error

1. although military judge erred in relying on 42 USC § 10606 as the basis for rejecting a motion to sequester a victim and her mother who were to testify on sentencing, that error was harmless where: (1) the potential witnesses were absent during most of the testimony and only heard two rebuttal witnesses; (2) appellate defense counsel has not demonstrated how the testimony of the rebuttal witnesses would have affected the veracity of the testimony provided by the victim and her mother on sentencing; (3) the victim and her mother provided victim impact testimony and did not address controverted factual matters in which testimony could have been recast after hearing testimony provided by the two rebuttal witnesses

Miscellaneous Matters: Manual for Courts-Martial: Generally

1. 42 USC § 10606 and 18 USC § 3510(a) lack the clarity necessary to determine that the victim rights created therein superceded the limitations of MRE 615 concerning a victim’s presence in the courtroom

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. because Congress, in the UCMJ, established an integrated system of investigation, trial, and appeal that is separate from the criminal justice proceedings conducted in the US district court, there is a necessity to exercise great caution in overlaying a generally applicable statute specifically onto the military justice system