United States v. Kilbourne

Senior Judge BLOMMERS

(concurring in part, dissenting in part):

I would affirm the findings of guilty of Additional Charge II and its specification (conspiracy to commit perjury) and the approved sentence. I do not believe the military judge committed error by admitting, as a public record under Mil.R.Evid. 803(6), Captain W’s “statement” about the conspiracy made during a prior trial. To label the transcript thereof inadmissible because its content amounts to an “offer of proof” by counsel cuts too fine a line in my judgment. Under the particular facts of this case, I do not believe our prior…