United States v. Johnson

With respect to Issue I, I agree with the majority’s conclusion that the evidence was properly admitted. In United States v. Kelley, 45 MJ 275 (1996), this Court held that a military judge is not required to consider extrinsic evidence supporting or contradicting the reliability of the evidence, but may do so when the accused’s right to confrontation has been satisfied. I write separately because I disagree with the majority’s parameters for reviewing a military judge’s discretion. I cannot unqualifiedly agree with the majority’s broad extension of Kelley, announcing that a military judge…