Legal Opinion

United States v. Flesher

Court of Appeals for the Armed Forces

Decided July 8, 2014No. 13-0602/ARPublishedCited by 44 opinions

1Opinion of the Court

Judge OHLSON

delivered the opinion of the Court.

We granted review in this case to determine whether the military judge abused his discretion when he allowed a putative expert witness to testify at trial. Under the unusual set of circumstances present in this case, we conclude that the military judge did abuse his discretion by admitting this testimony, and that this error likely had a substantial influence on the panel members’ findings.

In the summer of 2010, Appellant was a specialist in the U.S. Army and lived in on-base housing at Dugway Proving Ground in Utah. A family with two teenage…

2Cases cited47 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  5. United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004

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3Cited by44 opinions

  1. United States v. FetrowCourt of Appeals for the Armed Forces · 2017
  2. United States v. HenningCourt of Appeals for the Armed Forces · 2016
  3. United States v. CatanoUnited States Air Force Court of Criminal Appeals · 2015
  4. United States v. AlfordUnited States Air Force Court of Criminal Appeals · 2018
  5. United States v. BaasNavy-Marine Corps Court of Criminal Appeals · 2019

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