U.S. v. Morris, 52 M.J. 193

Trial Stages: Pretrial: Discovery

1. discovery in military practice stems from Article 46, UCMJ, providing equal opportunity to obtain witnesses and other evidence to all parties in accordance with RCM 701 and 703
2. both impeachment and exculpatory evidence may be material to the preparation of the defense; when not disclosed, impeachment evidence will be deemed material when, on the basis of the entire record, there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different; in applying this test, the benefit of any reasonable doubt is given to the accused
3. whether military judge abused discretion in withholding medical and family service center records pertaining to victim of appellant’s offenses need not be decided because, under the facts of this case, disclosure of the information would not have created a reasonable doubt that did not otherwise exist

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

1. where the prosecution has not disclosed information in response to a general request for exculpatory evidence or information, reversal will follow only where the omitted evidence creates a reasonable doubt that did not otherwise exist
2. a military judge’s decision on a request for discovery is reviewed for abuse of discretion; a determination of whether information is material is a question of law which is reviewed de novo