United States v. Walker

SULLIVAN, Senior Judge, with whom CRAWFORD, Chief Judge, joins

(dissenting):

Harmless Error

I would affirm this case on the basis of harmless error, as did the Court of Criminal Appeals. See Article 59(a), Uniform Code of Military Justice (UCMJ), 10 USC § 859(a). *179I recognize that this child sexual abuse case was a swearing contest between appellant and TR, the alleged victim who was the eleven-year-old neighborhood girlfriend of appellant’s stepdaughter. However, appellant himself admitted that he was discovered sleeping on a mattress late at night with this young girl, whom he hardly knew, with…