United States v. Henderson

DECISION

HODGSON, Chief Judge:

This appeal is yet another challenge to the residual hearsay exception as stated in Mil.R.Evid. 804(b)(5). The accused argues that the military judge, by admitting the out-of-court statement of his step-daughter, denied him the right to confront a witness against him in violation of the Sixth Amendment to the Constitution. We find no error that requires setting aside the conviction and affirm.

I

The issue before us is narrow as the accused judicially confessed to sexually mistreating his step-daughter during a 21 month period that began just before her fourteenth…