United States v. Evans

OPINION

COX, Judge:

The Judge Advocate General of the Air Force certified the following two issues for our review pursuant to Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867(b)(2):

*75I

WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED AS A MATTER OF LAW BY HOLDING THE GERMAN CUSTOMS OFFICER’S STATEMENT WAS INADMISSIBLE HEARSAY WHEN OFFERED IN REBUTTAL DURING SENTENCING.

II

WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED AS A MATTER OF LAW BY HOLDING TRIAL DEFENSE COUNSEL’S FAILURE TO OBJECT TO THE CUSTOMS OFFICER’S STATEMENT ON HEARSAY GROUNDS DID NOT CONSTITUTE WAIVER, AND…