United States v. Trimper

DECISION

HODGSON, Chief Judge:

The paramount issue before us is one of first impression: Is the prosecution required to disclose to the defense under R.C.M. 701 the nature and extent of its rebuttal evidence? Appellate defense *535counsel argue that R.C.M. 701 should be broadly interpreted to include all evidence within the government’s possession so as to preclude “trial by ambush.” With surprising candor, they argue that such a disclosure requirement would permit “... an accused to be more circumspect in [his] testimony, limit it to the matters at hand and not make broad statements which may be…