Navy-Marine Corps Court of Criminal Appeals

5/8/2024

United States v. Maebane, III

A panel of officer and enlisted members at a general court-martial convicted Appellant, contrary to his pleas, of one specification of reckless endangerment and one specification of involuntary manslaughter, in violation of Articles 114 and 119, Uniform Code of Military Justice [UCMJ].

Of several issues, the most noteworthy is the MJ's refusal to admit a co-accused's "confession" proffered under Mil. R. Evid. 807, although the MJ allowed broad cross-examination.

Cheers.

(Disclaimer: no comments from us because we represented HM1 Davis.)

Scott

5/8/2024 22:48:32

The way the issue is framed makes it sound like the third party culpability evidence was excluded. But reading the opinion clarifies there was a lot of evidence admitted about the other individual's confession - mostly thru cross examination - it was just the actual statement itself that was not admitted.

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