Legal Opinion

United States v. Private First Class JHON R. HEATH

Army Court of Criminal Appeals

Decided April 28, 2017No. ARMY 20150690PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

MULLIGAN, Senior Judge:

On appeal from his conviction of one specification of sexual assault, 1 appellant’s sole assignment of error is the military judge erred when he allowed the government to elicit a prior consistent statement from the alleged victim, Specialist (SPC) AP. 2 While we disagree with the military judge’s reasoning, under the ‘Tipsy Coachman Doctrine’ we find the military judge correctly admitted the prior consistent statement.

In addition to the mandatory dishonorable discharge, the panel with enlisted representation sentenced appellant to confinement for…

2Cases cited3 opinions

  1. United States v. GrostefonUnited States Court of Military Appeals · 1982
  2. United States v. BrooksCourt of Appeals for the Armed Forces · 1998
  3. United States v. Sergeant FRANCIS A. CARISTAArmy Court of Criminal Appeals · 2017

3Cited by2 opinions

  1. United States v. Specialist JAMES R. BUTLER IIIArmy Court of Criminal Appeals · 2020
  2. United States v. Staff Sergeant DAVID E. PADGETTArmy Court of Criminal Appeals · 2020

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