CAAF Opinion Digest · one opinion, every topic

U.S. v. Hart, 55 M.J. 395

Decided Sep 19, 2001 · No. 00-0416/AF · 2001 Term · Opinion (PDF)

Digested under 1 topic

Core Criminal Law Subjects: Evidence: Credibility

  1. Mil. R. Evid. 806 permits attacks upon the credibility of a hearsay declarant as well as attacks upon the declarant of a statement which is not hearsay under Mil. R. Evid. 801(d)(2)(C), (D), or (E)
  2. where pretrial statements made by appellant are elicited during cross-examination as “state of mind” evidence, appellant is then treated as a declarant/testifying witness and the government may properly introduce reputation and opinion evidence to impeach appellant’s truthfulness pursuant to Mil. R. Evid. 806
  3. once defense counsel’s cross-examination introduced appellant’s exculpatory pretrial statements, it was appropriate to introduce character evidence as to appellant’s untruthfulness
Source and status

This is a verbatim mirror of the Opinion Digest and opinions tables published by the United States Court of Appeals for the Armed Forces. The headnotes are the court staff’s summaries of the opinions, reproduced as published; they are not the opinions themselves and not this site’s commentary. Nothing here is edited on this site.

Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · Always confirm a holding against the opinion itself (linked from each case name).