CAAF Opinion Digest · one opinion, every topic

U.S. v. Smith, 78 M.J. 325

Decided Feb 22, 2019 · No. 18-0211/AR · October 2018 Term · Opinion (PDF)

Digested under 2 topics

Core Criminal Law Subjects: Evidence: Waiver

  1. MRE 311(d)(2)(A) unambiguously establishes that failure to object is waiver, and is not a rule that uses the term waiver but actually means forfeiture
  2. where an appellant moves to suppress evidence under MRE 311 but fails to articulate a possible ground upon which to suppress the evidence, this failure constitutes waiver; failure to object under MRE 311 constitutes waiver, not forfeiture
  3. in this case, where appellant on appeal challenged the search of his phone on a ground not raised at trial, he waived the issue

Trial Stages: Appeals: Waiver

  1. waiver can occur either by operation of law or by the intentional relinquishment or abandonment of a known right
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).