U.S. v. Cobia, 53 M.J. 305

Core Criminal Law Subjects: Evidence: Confessions and Admissions › Generally

1. the transcript of appellant’s guilty plea to the same acts as charged at court-marital was admissible as an admission under MRE 801(d)(2)

Core Criminal Law Subjects: Evidence: Prior Convictions

1. once a defendant preemptively introduces evidence of a prior conviction on direct examination in order to take the impeaching sting out of the prior conviction, he may not complain on appeal that the admission of such evidence was error
2. appellant’s complete denial of the commission of any of the acts comprising the charges against him at his court-martial opened the door for contradictory evidence in the form of appellant’s prior civilian guilty plea to the same acts; such circumstances fall within an exception to the rule preventing the introduction of collateral evidence solely to attack the credibility of a witness where the evidence goes to the matter at issue and could be introduced independently of the contradiction of the testimony of the witness

Core Criminal Law Subjects: Evidence: Prior Inconsistent Statements

1. the transcript of appellant’s guilty plea to the same acts as charged at court-marital was admissible as a prior inconsistent statement under MRE 613

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

1. the standard of review for sufficiency of the evidence is de novo, and the test for sufficiency of the evidence is whether the evidence, when viewed in the light most favorable to the Government, and the reasonable inferences from the evidence support the essential elements beyond a reasonable doubt
2. standard of review as to the admissibility of a prior conviction under MRE 609(a)(1) is whether the military judge abused his discretion
3. an appellant must establish a factual foundation for a claim of ineffective representation; sweeping generalized accusations will not suffice