United States v. Ghent

DECISION

CANELLOS, Senior Judge:

Appellant was charged with raping B, a Navy Petty Officer Third Class, on 3 September 1984 and attempted murder of Staff Sergeant Aaron Smith on 5 October 1984. Upon motion by the government and over appellant’s objection, the first trial ended in mistrial. The military judge based this decision on defense counsel’s questioning of the rape victim “regarding the possible illegitimacy of her son.” The military judge found this violated Mil.R.Evid. 412 and determined a curative instruction to the court members was insufficient. During the second trial, before a…