Legal Opinion · Concurrence

United States v. Grant

Court of Appeals for the Armed Forces

Decided April 18, 2002No. 01-0363/AFPublished

1ConcurrenceSullivan, Senior Judge

I agree with the majority opinion in this case but have some difficulty squaring it with the majority opinion in United States v. Graham, 50 MJ 56 (1999). In both cases, evidence of a positive urinalysis test result was offered and admitted for a purpose other than to directly show the charged offense. In Graham, however, this Court held that evidence offered for such a purpose must still conform to the rules pertaining to urinalysis evidence delineated in Harper, Murphy, and Ford.1 Id. at 59-60. The majority reaches a different conclusion today.

*418More particularly, in Graham, evidence of a…

2Cases cited6 opinions

  1. United States v. HarperUnited States Court of Military Appeals · 1986
  2. United States v. FordUnited States Court of Military Appeals · 1987
  3. United States v. MurphyUnited States Court of Military Appeals · 1987
  4. United States v. MelvinUnited States Court of Military Appeals · 1988
  5. United States v. GrahamCourt of Appeals for the Armed Forces · 1999

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