United States v. Hall

As the Court of Criminal Appeals noted, the military judge erroneously excluded testimony that went “directly to the heart of the appellant’s entrapment defense.” 54 MJ 788, 792 (2001). The court concluded that the error was not prejudicial under Article 59(a), UCMJ, 10 USC § 859(a). Id. The sole issue before us in the present appeal is the question of prejudice. The majority opinion concludes that any error was harmless beyond a reasonable doubt. 56 MJ at 437. I respectfully dissent.

As our Court has emphasized, “an accused has a tough row to hoe to secure acquittal by virtue of entrapment…