United States v. Dimberio, 56 M.J. 224

First Principles: Constitutional Matters: Right to Present a Defense

1. a defendant has a constitutional right to present a defense, including compulsory due process to compel the attendance of defense witnesses and the right to introduce their testimony into evidence
2. the Equal Protection Clause, Due Process Clause, and the Manual for Courts-Martial each provide that the servicemember- accused is entitled to expert assistance when necessary for an adequate defense
3. the Constitution does not confer upon an accused the right to present any and all types of evidence at trial, but only that evidence which is legally and logically relevant
4. although expert opinion evidence of a psychiatric diagnosis or personality disorder does not fit within the exceptions noted in Mil.R.Evid. 404(a), the accused nonetheless has a constitutional right to introduce the evidence if it is otherwise legally and logically relevant under Mil.R.Evid. 401-403
5. rules such as Mil.R.Evid. 403 and 404(a) that exclude evidence from criminal trials do not abridge an accused’s constitutional right to present a defense so long as they are not arbitrary or disproportionate to the purposes they are designed to serve and do not infringe upon a weighty constitutional interest of the accused