United States v. Chandler

39 M.J. 119, 1994 CMA LEXIS 11, 1994 WL 90423
CourtUnited States Court of Military Appeals
DecidedMarch 23, 1994
DocketNo. 93-0113; CMR No. 9102472
StatusPublished
Cited by16 cases

This text of 39 M.J. 119 (United States v. Chandler) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chandler, 39 M.J. 119, 1994 CMA LEXIS 11, 1994 WL 90423 (cma 1994).

Opinions

Opinion of the Court

CRAWFORD, Judge:

BACKGROUND

Appellant was convicted of disobeying a lawful general order by wrongfully having a loaded firearm in his quarters, assaulting his wife with a dangerous weapon by pointing a loaded firearm at her head, committing adultery, kidnapping his wife, and making a false official statement, in violation of Articles 92, [120]*120128, 134, and 107, Uniform Code of Military Justice, 10 USC §§ 892, 928, 934, and 907, respectively. The judge sentenced appellant to a dishonorable discharge, confinement for 6 years, total forfeitures, and reduction to the lowest enlisted grade. The convening authority reduced the period of confinement to 18 months but otherwise approved the sentence. The Court of Military Review dismissed the specification of disobeying a lawful general order but otherwise affirmed the remaining findings and sentence in an unpublished opinion dated July 13, 1992. We granted review of the following issues:

I
WHETHER THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT WHEN, OVER TRIAL DEFENSE COUNSEL’S OBJECTION, RUBY QUARLES WAS ALLOWED TO TESTIFY AS TO WHAT APPELLANT’S WIFE, KIMBERLY CHANDLER, SAID CONCERNING THE ASSAULT GIVEN THAT THIS ADMISSION WAS HEARSAY AND CLEARLY DID NOT FALL WITHIN MILITARY RULE OF EVIDENCE 803(3).
II
WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN HE ALLOWED THE GOVERNMENT TO USE A PRIOR CONSISTENT STATEMENT TO BOLSTER MRS. CHANDLER’S CREDIBILITY IN VIOLATION OF MIL.R.EVID. 801(d)(1)(B).

Appellant pleaded guilty to all of the aforementioned offenses except for aggravated assault on his wife by pointing a loaded firearm at her head. The evidence at trial consisted of appellant’s wife’s (Mrs. Chandler’s) testimony about the assault and the hearsay testimony of Ruby Quarles concerning what appellant’s wife told her about the assault. The two narrow questions before us are: (A) whether the testimony of Ruby Quarles was admissible at trial under an exception to the rule against hearsay; and (B) whether this testimony was improperly used to bolster Mrs. Chandler’s credibility.

We hold that the military judge did not err by admitting Ruby Quarles’ hearsay testimony and by permitting the Government to use this prior consistent hearsay statement to bolster Mrs. Chandler’s credibility.

ISSUE I

FACTS

Appellant was caught by his wife, at their home, in the bedroom with his paramour. After some arguing, appellant’s wife went into the bedroom to call the military police. Appellant entered the bedroom and pulled the telephone cord from the receiver. When appellant’s'wife attempted to leave the bedroom, appellant blocked her way, wrestled her to the floor by her hair, dragged her to the closet, got a pair of handcuffs, dragged her back across the floor to the bed, sat on her stomach, kept her handcuffed and tied her arms to the bed with pantyhose, and then wrapped her legs with an electrical extension cord and tied them to the foot of the bed. When his wife screamed, he stuck a pair of pantyhose in her mouth; after she spit them out, he put the pantyhose back in and taped her mouth shut with duct tape. With his wife safely taped and trussed to the bed, appellant showered, dressed, and told his paramour he would drive her home. Before leaving he adjusted the tape and handcuffs and told his wife he would be back in 30 minutes and “hoped they could talk like civilized people.”

Mrs. Chandler testified about the handgun as follows:

Q. ... When was the first time on this date [Aug. 17, 1991] and place that you first saw the accused’s handgun?
A. He was beating my watch with it.
Q. Now, where were you?
A. I was either on the bed or the floor.
Q. And what position were you in?
A. I was laying on my back.
Q. Where was the accused?
A. He was sitting on me straddle.
Q. What happened at that time?
[121]*121A. After he beat the watch?
Q. No. Explain to me what happened? A. Well, I was handcuffed and he was sitting on me and he was trying to get the watch from me and I just opened my hand and gave it to him, and he took it and he beat it.
Q. Who handcuffed you?
A. He did.
Q. And did he take the watch from you?
A. Yeah, pretty much.
Q. And what did he do with it?
A. He took the butt of the gun and beat it, broke it.
Q. What happened next?
A. He moved me to the bed. He just— He pointed the gun at me, he was poking me in the head with it.
Q. Did you see where this gun came from?
A. No.
Q. And did you recognize this weapon?
A. Yes.
Q. And was it the accused’s?
A. Yes.
Q. And how did you know?
A. It looked just like his.
Q. Once you were on the bed, where was the accused?
A. On me.
Q. Were you still handcuffed?
A. Yes.
Q. At this time, what happened?
A. He poked me in the head with the gun and he tried to pull back the top and something went wrong and the magazine part was coming out, and he tried to put it back in and something came off of if.
Q. Okay, backing up a little bit. Did he physically touch you with the 9 millimeter handgun?
A. Yes.
Q. Once or several times?
A. A few times.
Q. Did he make any statements to you?
A. Yes.
Q. What did he say?
A. He told me that I really fucked up this time and did I know I really fucked up.
Q. Did he tell you this once or numerous times?
A. Quite a few times.
Q. And then what happened?
A. Then the gun messed up.
Q. When you say “the gun messed up,” tell me exactly what happened?
A. Something went wrong, I really don’t know. He tried to pull the top back on it and the magazine part started coining out and he tried to put it back in and something flew off and it flew across my face.
Q. Did the entire magazine fall out of the weapon?
A. No, I don’t think so.
Q.

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Cite This Page — Counsel Stack

Bluebook (online)
39 M.J. 119, 1994 CMA LEXIS 11, 1994 WL 90423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chandler-cma-1994.