United States v. Siroky

The Court of Criminal Appeals held that “the evidence is insufficient to show J made her statements with an expectation of promoting her well being.” It went on to hold: “As noted above, the military judge made no express findings of fact concerning J’s expectation. To the extent he may have intended his T rule to the contrary’ comment to be such a finding, it is clearly erroneous.” 42 MJ 707, 713 (1995). These holdings in my view are not synonymous; they are distinct *402holdings, either one being legally sufficient to resolve this case.

The majority opinion blurs the distinction between a…