United States v. English

The issue in this case comes down to a matter of form versus substance. Appellant was not entitled to a sanity-board hearing under RCM 706, Manual for Courts-Martial, United States (1995 ed.). Even assuming that appellant was entitled to an RCM 706 *220hearing, the mental examinations of appellant by Doctor Hammer and Lieutenant (Lt) Rogers were an adequate substitute. In any event, non-privileged information is not made privileged by virtue of the substitution. Appellant’s statements during his mental examinations were not privileged when made. The fact that appellant later requested an RCM 706…