Legal Opinion · Concurring in part, dissenting in part

United States v. Nault

United States Court of Military Appeals

Decided April 3, 1978No. 33,042; SPCM 11819Published

1Concurring in part, dissenting in partCook, Judge

I agree with the majority opinion that there was a fatal gap in the chain of custody and, therefore, concur in the disposition of the case; but in other respects, I disagree with it.

*321Although unnecessary to disposition of the case, the majority hold that a chain of custody receipt for property taken from an apprehended accused is inadmissible in evidence. That ruling is predicated on paragraph 144d of the Manual for Courts-Martial, United States, 1969 (Revised edition). I read the provision to support admissibility of the document.

Paragraph 144d is captioned: “Limitations as to the…

2Cases cited5 opinions

  1. South Dakota v. OppermanSupreme Court of the United States · 1976
  2. United States v. Theodore Frattini and Steven CardileCourt of Appeals for the Second Circuit · 1974
  3. United States v. WilsonUnited States Court of Military Appeals · 1954
  4. United States v. BurgeUnited States Court of Military Appeals · 1976
  5. United States v. TakafujiUnited States Court of Military Appeals · 1958

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