United States v. White

DECISION

KASTL, Senior Judge:

Evidentiary questions are before us concerning residual hearsay and eyewitness testimony after an unnecessarily suggestive identification process. We reverse as to the residual hearsay and find the identification process permissible in this case.

I

We consider first the matter of residual hearsay under Mil.R.Evid. 804(b)(5). The salient facts are these: Senior Airman Edward White was charged with making a household goods claim which was false in the amount of $3,665.00; the sum was claimed for loss of sterling silverware during his transfer from Aviano Air Base,…