United States v. Dunlap

Opinion of the Court

COX, Judge:

A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of taking indecent liberties with his 11-year-old stepdaughter,1 2in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. He was sentenced to reduction to pay grade E-l and a dishonorable discharge. The convening authority approved the sentence, and the Court of Military Review affirmed. We granted review to consider:

I

WHETHER THE MILITARY JUDGE ERRED BY ADMITTING PROSECUTION EXHIBIT 2, A STATEMENT GIVEN BY ... [THE VICTIM], OVER DEFENSE…