United States v. Hughes

I concur only with Parts I, II-B and D, III-B, XI, XII, and XIII of the majority opinion. Otherwise, I concur only in the result, and I provide my bases for why I believe the findings and the sentence, as reassessed, should be affirmed. The majority opinion disposes of two critical issues which are issues of first impression in the Air Force. In the residual hearsay area, the majority opinion, sub silentio, expands the law to allow the admission of a hearsay declaration by an unavailable child witness found incompetent to testify truthfully. Further, we struggle to replace the legislature’s…