U.S. v. Goldwire, 55 M.J. 139

Core Criminal Law Subjects: Evidence: Confessions and Admissions › Rule of completeness

1. Mil. R. Evid. 304(h)(2) allows the defense to complete an admission or confession whether it is oral or in writing, and provides the defense the option of doing so using Mil. R. Evid 106 or 304(h)(2)

Core Criminal Law Subjects: Evidence: Credibility

1. it is not reasonable to conclude that attacks on the credibility of a speaker’s statement are excluded merely because the statement is admitted as made by a party-opponent; when the defense affirmatively introduces the accused’s statement in response to the prosecution’s direct examination initially admitting some portion of the statement, the prosecution is not prohibited from impeaching the declarant under Mil. R. Evid. 806

Core Criminal Law Subjects: Evidence: Impeachment

1. it is not reasonable to conclude that attacks on the credibility of a speaker’s statement are excluded merely because the statement is admitted as made by a party-opponent; when the defense affirmatively introduces the accused’s statement in response to the prosecution’s direct examination initially admitting some portion of the statement, the prosecution is not prohibited from impeaching the declarant under Mil. R. Evid. 806

Core Criminal Law Subjects: Evidence: Opinion Testimony

1. to render opinion or reputation type testimony, it must be shown that the witness was a member of the community long enough to have become familiar with an individual’s reputation in the community, or that the witness knew the individual long enough to have formed an opinion as to his character
2. the unique nature of the military community does not justify a finding that a single lie would constitute an adequate basis for opinion testimony regarding a witness’s character for truthfulness
3. a first sergeant had an adequate foundation for an opinion on appellant’s truthfulness where: (1) the first sergeant was acquainted with the appellant through his role as first sergeant; (2) the first sergeant addressed appellant’s involvement with underage drinking; (3) the first sergeant saw appellant numerous times; (4) the first sergeant was personally involved with appellant on at least two occasions, including disciplinary actions against appellant; and (5) as first sergeant, he investigated the incidents involving appellant

Core Criminal Law Subjects: Evidence: Rule of Completeness

1. the rule of completeness is a rule that governs the scope of evidence; it particularizes the type of evidence [written and oral], the relationship between when all or part of a written or oral statement may be introduced, and the operation of procedural rules
2. the rule of completeness must be examined in terms of the common law rule and the authority of the judge under Fed. R. Evid 611(a) – under either the federal or military rules version, Rule 106 only applies to written and recorded statements; however, under the common-law version, and at the discretion of the judge under Rule 611(a), the rule is applicable to oral testimony as well
3. under the common-law completeness doctrine, a party may wait until their own stage of presentation of proof and introduce the remainder of a statement, which was introduced in part by the other party, since there is no question as to the relevance of the remainder of the statement
4. Mil. R. Evid. 304(h)(2) allows the defense to complete an admission or confession whether it is oral or in writing, and provides the defense the option of doing so using Mil. R. Evid 106 or 304(h)(2)

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

1. military judge’s decision to admit opinion evidence is reviewed under the abuse of discretion standard