United States v. Davenport
73 M.J. 200, 2014 CAAF LEXIS 64
CourtCourt of Appeals for the Armed Forces
DecidedJanuary 16, 2014
DocketNo. 13-0573/AR
StatusPublished
Cited by2 cases
This text of 73 M.J. 200 (United States v. Davenport) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
United States v. Davenport, 73 M.J. 200, 2014 CAAF LEXIS 64 (Ark. 2014).
Opinion
CCA 20081102. Review granted on the following issue:
WHETHER THE OMISSION OF TESTIMONY FROM A TRIAL TRANSCRIPT RENDERS THE TRANSCRIPT NON-VERBATIM AND THEREFORE SUBJECT TO THE REMEDY IN R.C.M. 1103(f)(1) WHERE THE WITNESS’S TESTIMONY IS ONLY RELEVANT TO AN OFFENSE OF WHICH APPELLANT HAS BEEN ACQUITTED; OR, WHETHER SUCH OMISSION SHOULD BE ADDRESSED UNDER R.C.M. 1103(b)(2)(A) (REQUIREMENT FOR A COMPLETE RECORD) AND THUS TESTED FOR WHETHER THE PRESUMPTION OF PREJUDICE HAS BEEN REBUTTED. SEE UNITED STATES v. GASKINS, 72 M.J. 225 (C.A.A.F. 2013); UNITED STATES v. HENRY, 53 M.J. 108 (C.A.A.F. 2000).
Briefs will be filed under Rule 25.
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Related
United States v. Davenport
73 M.J. 373 (Court of Appeals for the Armed Forces, 2014)
Cite This Page — Counsel Stack
Bluebook (online)
73 M.J. 200, 2014 CAAF LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-davenport-armfor-2014.