United States v. Kilarski
71 M.J. 334, 2012 CAAF LEXIS 680
This text of 71 M.J. 334 (United States v. Kilarski) 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. Kilarski, 71 M.J. 334, 2012 CAAF LEXIS 680 (Ark. 2012).
Opinion
CCA 201100329. Review granted on the following issues:
I. IN UNITED STATES v. SWEENEY, THIS COURT FOUND THAT THE DATA REVIEW SHEETS FROM A DRUG SCREENING LABORATORY WERE NOT PLAINLY AND OBVIOUSLY TESTIMONIAL. HERE, THE DEFENSE OBJECTED TO ALL HANDWRITTEN NOTATIONS IN THE LABORATORY DOCUMENTS AND WAS DENIED THE PRODUCTION OF THE FINAL CERTIFYING OFFICIAL WHO ALSO SIGNED THE CONFIRMATION TEST DATA REVIEW SHEET AFTER [335]*335TWO POSITIVE SCREENINGS. ARE THE DATA REVIEW SHEETS TESTIMONIAL?
II. UNDER UNITED STATES v. SWEENEY, ADMISSION OF THE SPECIMEN CUSTODY DOCUMENT IS ERROR. HERE, THE LOWER COURT FOUND THAT ITS ADMISSION WAS HARMLESS BEYOND A REASONABLE DOUBT AND THAT A SURROGATE EXPERT FROM THE DRUG SCREENING LABORATORY TESTIFIED PROPERLY. DID THE LOWER COURT ERR?
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Bluebook (online)
71 M.J. 334, 2012 CAAF LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-kilarski-armfor-2012.