United States v. Henry

OPINION OF THE COURT

GONZALES, Judge:

The accused in this case is on trial for the alleged rape of his stepdaughter in violation of Article 120, Uniform Code of Military Justice, 10 U.S.C. § 920 (1988) [hereinafter UCMJ]. The United States has filed a timely appeal with this court pursuant to Article 62, UCMJ, contending that the military judge erroneously suppressed the out-of-court hearsay statements made by the alleged rape victim to two medical doctors during a rape protocol examination. At an Article 39(a), UCMJ, hearing, the military judge heard evidence and arguments concerning the…