Introducing ATLASLearn more
Legal Opinion

LK ex rel. Gorman v. Acosta

Army Court of Criminal Appeals

Decided May 24, 2017No. ARMY MISC 20170008PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT AND ACTION ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF MANDAMUS

HERRING, Judge:

Military Rule of Evidence [hereinafter Mil. R. Evid.] 513 gives unclear guidance to military judges evaluating whether mental health records should be: 1) produced for in camera review; 2) released to defense counsel; and 3) admitted at trial. Counsel and military judges must focus on the fact that Mil. R. Evid. 513 is a rule of privilege, not discovery. This petition for extraordinary relief demonstrates the confusion created by Mil. R. Evid. 513. We grant the petition in…

2Cases cited22 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Kyles v. WhitleySupreme Court of the United States · 1995
  4. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  5. Pennsylvania v. RitchieSupreme Court of the United States · 1987

17 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. United States v. Payton-O'brien and RavenscraftNavy-Marine Corps Court of Criminal Appeals · 2017
  2. AJ v. COOKArmy Court of Criminal Appeals · 2018
  3. United States v. BeaugeNavy-Marine Corps Court of Criminal Appeals · 2021
  4. United States v. BlackburnUnited States Air Force Court of Criminal Appeals · 2019
  5. United States v. MarquezNavy-Marine Corps Court of Criminal Appeals · 2019

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API