United States v. Koistinen

Opinion of the Court

COX, Judge:

A military judge sitting alone as a special court-martial convicted appellant, contrary to his pleas, of a single specification of wrongfully using lysergic acid diethyla*280mide (LSD), in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a.1 We granted review of the following issues:

I

WHETHER THE ACCUSED’S 6TH AMENDMENT RIGHT TO BE CONFRONTED BY THE WITNESSES AGAINST HIM WAS VIOLATED WHEN THE MILITARY JUDGE ADMITTED UNDER MIL.R.EVID. 804(b)(3) MR. AMARO’S OUT-OF-COURT STATEMENT WHEN HE KNEW THAT SOME UNKNOWN PORTION OF IT WAS FALSE.

II

WHETHER…