United States v. Ellerbrock

Judge STUCKY delivered the opinion of the Court.

We granted review to determine whether the military judge erred in applying Military Rule of Evidence (M.R.E.) 412 to prevent Appellant from introducing evidence of the alleged victim’s first marital affair to show a motive to fabricate the accusation against Appellant.1 We hold that the evidence was constitutionally required, that the military judge abused her discretion by refusing to admit the evidence, and that it was not harmless beyond a reasonable doubt.

I

A

In accordance with his pleas, Appellant was found guilty of conspiracy, destruction…