United States v. Doctor

(concurring in part and dissenting in part) :

The majority make much of the fact that this Court cannot reweigh the evidence or determine the credibility of witnesses who contradict each other. This limitation on our power of review, however, does not preclude us from determining that a witness’ testimony is inherently unbelieveable. United States v Mardis, 6 USCMA 624, 20 CMR 340; United States v Chinn, 6 USCMA 327, 20 CMR 43. Moreover, it is our responsibility under the Uniform Code of Military Justice to examine the evidence and determine whether it is sufficient to establish the accused’s…