United States v. Tearman
71 M.J. 197, 2012 CAAF LEXIS 362
CourtCourt of Appeals for the Armed Forces
DecidedMarch 23, 2012
DocketNo. 12-0313/MC
StatusPublished
Cited by2 cases
This text of 71 M.J. 197 (United States v. Tearman) 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. Tearman, 71 M.J. 197, 2012 CAAF LEXIS 362 (Ark. 2012).
Opinion
CCA 201100195. Review granted on the following issues:
I. THE LOWER COURT HELD THAT THE ADMISSION, OVER APPELLANT’S OBJECTION, OF TWO PIECES OF TESTIMONIAL HEARSAY FOUND WITHIN THE DD FORM 2624 WAS HARMLESS ERROR BEYOND A REASONABLE DOUBT. BUT IT MISAPPLIED THE SWEENEY FACTORS AND DID NOT CONSIDER THE BLAZIER II FACTORS IN ASSESSING PREJUDICE. DID THE LOWER COURT ERR IN HOLDING THAT THE TESTIMONIAL HEARSAY DID NOT CONTRIBUTE TO APPELLANT’S CONVICTION?
II. THE LOWER COURT HELD THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN ADMITTING, OVER APPELLANT’S OBJECTION, THE CHAIN-OF-CUSTODY DOCUMENTS AND INTERNAL REVIEW WORKSHEETS BECAUSE THEY WERE NON-TESTIMONIAL. ARE THESE NON-MACHINE GENERATED DOCUMENTS AND WORKSHEETS TESTIMONIAL?
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Related
United States v. Tearman
72 M.J. 54 (Court of Appeals for the Armed Forces, 2013)
Cite This Page — Counsel Stack
Bluebook (online)
71 M.J. 197, 2012 CAAF LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tearman-armfor-2012.