United States v. Bartlett

DECISION

The accused raises an issue concerning the proper interpretation of Mil.R.Evid. 608(b) as to cross-examination of an accused regarding specific instances of misconduct.

The accused was charged with theft and forgery. Prior to its case-in-chief, the prosecution sought the military judge’s ruling on the admissibility of two records of nonjudicial punishment for larceny; the prosecution wished to use the documents in cross-examining the accused, should he take the stand. The military judge ruled that he would not admit the two documents, but that he would allow the prosecution to…