Legal Opinion

United States v. Spychala

U.S. Navy-Marine Corps Court of Military Review

Decided June 6, 1994No. NMCM 92 02025PublishedCited by 4 opinions

1Opinion of the Court

McLaughlin, Judge:

On 28 April 1992, the appellant, contrary to his pleas, was convicted of sodomy and’ indecent assault on his then 3-year-old step-grandson, L, at a general court-martial with members.1 L was 4 years old when he testified. The appellant has submitted 15 assignments of error.2 Because we find merit in *649Assignment of Error V, we need not address Assignments of Error I, II, III, IV, VI, VII, VIII, and X.

ADMISSIBILITY OF HEARSAY

The only evidence supporting the allegation under Charge I, sodomy, is a purported statement made by the victim to his Uncle R.

The appellant claims that…

2Cases cited16 opinions

  1. Fahy v. ConnecticutSupreme Court of the United States · 1963
  2. Weiss v. United StatesSupreme Court of the United States · 1994
  3. United States v. ColeUnited States Court of Military Appeals · 1990
  4. United States v. TraversUnited States Court of Military Appeals · 1987
  5. United States v. LotschCourt of Appeals for the Second Circuit · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. United States v. MuirheadNavy-Marine Corps Court of Criminal Appeals · 1998
  2. United States v. KnoxNavy-Marine Corps Court of Criminal Appeals · 1997
  3. United States v. ReggioU.S. Navy-Marine Corps Court of Military Review · 1994
  4. United States v. ReggioU.S. Navy-Marine Corps Court of Military Review · 1994

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