United States v. Gilbride

I agree that Mil.R.Evid. 106 is not at issue in this case. See United States v. Rodriguez, *43156 MJ 336, 343 (2002) (Sullivan, S. J., concurring in part and in the result); United States v. Goldwire, 55 MJ 139, 147 (2001) (Sullivan, J., concurring in the result). It applies only when a writing or recorded statement is introduced at trial. See United States v. Ramirez-Perez, 166 F.3d 1106, 1112-13 (11th Cir.1999). The Government in this case only evidenced appellant’s oral admission and confessions to police officers and, accordingly, Mil.R.Evid. 304(h)(2) is the pertinent evidentiary rule.

Mil.R.Evi…