U.S. v. Sullivan, 70 M.J. 110

First Principles: Constitutional Matters: Confrontation

1. the Confrontation Clause preserves the right of an accused to be confronted with the witnesses against him; this right includes the right to cross-examine witnesses, including on issues of bias and credibility

Military Justice Personnel: Military Judge: Duties and Responsibilities

1. a military judge retains wide latitude to impose reasonable limits upon cross-examination

Core Criminal Law Subjects: Evidence: Generally

1. evidence must satisfy the rules of evidence

Core Criminal Law Subjects: Evidence: Credibility

1. the Confrontation Clause preserves the right of an accused to be confronted with the witnesses against him; this right includes the right to cross-examine witnesses, including on issues of bias and credibility
2. the rules of evidence should be read to allow liberal admission of bias-type evidence
3. an accused does not have a right to cross-examine a witness on any subject solely because he describes it as one of credibility, truthfulness, or bias; there must be a direct nexus to the case that is rooted in the record; that is, the evidence must be logically relevant as required by MRE 401, and it must also be legally relevant in accordance with the MRE 403 balancing test; in short, the right to cross-examine is the right to question where the proffer establishes a real and direct nexus to a fact or issue at hand

Core Criminal Law Subjects: Evidence: Impeachment

1. the Confrontation Clause preserves the right of an accused to be confronted with the witnesses against him; this right includes the right to cross-examine witnesses, including on issues of bias and credibility
2. the rules of evidence should be read to allow liberal admission of bias-type evidence
3. an accused does not have a right to cross-examine a witness on any subject solely because he describes it as one of credibility, truthfulness, or bias; there must be a direct nexus to the case that is rooted in the record; that is, the evidence must be logically relevant as required by MRE 401, and it must also be legally relevant in accordance with the MRE 403 balancing test; in short, the right to cross-examine is the right to question where the proffer establishes a real and direct nexus to a fact or issue at hand

Core Criminal Law Subjects: Evidence: Relevance

1. evidence that the victim had attempted to mutilate herself and had suicidal ideations was not relevant to show that she fabricated sexual assault allegations against the accused because she feared hospitalization if her mother believed she had again sought to injure herself; there was no evidence that the victim contemplated the possibility of hospitalization or that victim’s mother would consider hospitalization in the case of a future cutting incident, and the victim’s injuries were not similar to those associated with her prior self-mutilation
2. the mere fact of prior psychological counseling does not create a sufficient nexus to the case to inquire into a victim’s medical history; a direct nexus is needed
3. evidence regarding the victim’s past use of medication was not relevant to show why the accused told bystanders that the victim had missed her medication as an explanation for her behavior on the day of alleged sexual assault, absent some showing that such prior medication would affect the victim's ability to perceive events or tell the truth at a later time
4. evidence of a witness’s psychological state is properly excluded if it did not affect her ability to perceive and tell the truth; conversely, it should be admitted if it relates to the witness’s ability to perceive events and testify accurately

Core Criminal Law Subjects: Witnesses: Confrontation

1. the Confrontation Clause preserves the right of an accused to be confronted with the witnesses against him; this right includes the right to cross-examine witnesses, including on issues of bias and credibility
2. a military judge retains wide latitude to impose reasonable limits upon cross-examination
3. an accused does not have a right to cross-examine a witness on any subject solely because he describes it as one of credibility, truthfulness, or bias; there must be a direct nexus to the case that is rooted in the record; that is, the evidence must be logically relevant as required by MRE 401, and it must also be legally relevant in accordance with the MRE 403 balancing test; in short, the right to cross-examine is the right to question where the proffer establishes a real and direct nexus to a fact or issue at hand

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

1. an appellate court reviews a military judge’s evidentiary decisions for an abuse of discretion