U.S. v. Campbell, 52 M.J. 386

Core Criminal Law Subjects: Crimes: Art. 112a -- Wrongful Use, Possession, etc, of Controlled Substances Pre-2019 offenses

1. (on reconsideration) (the three-part standard for demonstrating the relationship between a urinalysis test result and the permissive inference of knowing, wrongful use through expert testimony does not necessarily constitute the only means of proving knowing use; the government is not precluded from using evidence other than the three-part standard if such evidence can explain, with equivalent persuasiveness, the underlying scientific methodology and the significance of the test result, so as to provide a rational basis for inferring knowing, wrongful use)
2. (on reconsideration) (the scientific evidence used in the three-part standard for demonstrating the relationship between a urinalysis test result and the permissive inference of knowing, wrongful use through expert testimony does not need to be tailored to the specific characteristics of the person whose test results are at issue; it is sufficient if the expert testimony reasonably supports the inference with respect to human beings as a class; the defense may present, as a matter for consideration by the factfinder, that the inference should not be applied to a person with the characteristics of the accused)

Trial Stages: Appeals: Reconsideration

1. (on reconsideration) (issuance of reasoned opinions constitutes standard appellate practice, and clarification of the reasoning is an appropriate object of a petition for reconsideration, even if the issuing court does not agree with a party’s interpretation of the original opinion)