U.S. v. Douglas, 57 M.J. 270

Core Criminal Law Subjects: Evidence: Relevance

1. while evidence may not be admissible under one rule, that does not preclude its admission under a different rule if the evidence is relevant and reliable

Trial Stages: Sentence and Punishment: Evidence

1. a stipulation of fact, previously created for and contained in the record of trial of a previous court-martial, and that was maintained in appellant’s personnel file does not qualify as “evidence of a conviction” under RCM 1001(b)(3)
2. a stipulation of fact, previously created for and contained in the record of trial of a previous court-martial, and that was properly maintained in appellant’s personnel file, reflected appellant’s conduct, and was the type of admissible personnel record envisioned by RCM 1001(b)(2)