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Legal Opinion

United States v. Barror

United States Court of Military Appeals

Decided March 16, 1987No. 52,659; ACM 24607PublishedCited by 24 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

This case concerns the correctness of a military judge’s determination that an out-of-court statement was admissible as so-called “residual hearsay” under Mil.R.Evid. 804(b)(5), Manual for Courts-Martial, United States, 1984.1 21 M.J. 151. We hold that the record of trial is insufficient here to sustain the judge’s ruling.

Appellant pleaded guilty unconditionally to one specification of forcible sodomy, in violation of Article 125, Uniform Code of Military Justice, 10 U.S.C. § 925. With respect to that specification, he conceded sodomizing a fellow servicemember…

2Cases cited16 opinions

  1. Ohio v. RobertsSupreme Court of the United States · 1980
  2. California v. GreenSupreme Court of the United States · 1970
  3. Snyder v. MassachusettsSupreme Court of the United States · 1934
  4. United States v. Donald Laverne Carlson, United States of America v. Gary Clarend HofstadCourt of Appeals for the Eighth Circuit · 1977
  5. United States v. Richard MastrangeloCourt of Appeals for the Second Circuit · 1982

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3Cited by24 opinions

  1. United States v. PollardUnited States Court of Military Appeals · 1993
  2. United States v. ArnoldUnited States Court of Military Appeals · 1987
  3. United States v. McGrathUnited States Court of Military Appeals · 1994
  4. United States v. HubbardUnited States Court of Military Appeals · 1989
  5. United States v. SheltonCourt of Appeals for the Armed Forces · 2006

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