Legal Opinion

United States v. Martindale

U.S. Navy-Marine Corps Court of Military Review

Decided January 11, 1993No. NMCM 85 0771SPublishedCited by 15 opinions

1Opinion of the Court

MOLLISON, Judge:

This remand addresses three principal issues: (1) whether an alleged child abuse victim’s out-of-court statement to agents of the Naval Investigative Service (NIS) was admitted in evidence in violation of the Confrontation Clause of the Sixth Amendment to the Constitution, (2) whether the same statement was properly admitted under the residual hearsay exceptions to the rule against hearsay, and (3) whether an accused’s prosecution was barred by the Secretary of the Navy instruction establishing policies for the Family Advocacy Program.

Background

The appellant confessed to…

2Cases cited53 opinions

  1. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  2. Davis v. AlaskaSupreme Court of the United States · 1974
  3. Chambers v. MississippiSupreme Court of the United States · 1973
  4. Ohio v. RobertsSupreme Court of the United States · 1980
  5. California v. GreenSupreme Court of the United States · 1970

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3Cited by15 opinions

  1. United States v. MartindaleUnited States Court of Military Appeals · 1994
  2. United States v. GrantU S Air Force Court of Military Review · 1993
  3. United States v. BrownU.S. Navy-Marine Corps Court of Military Review · 1994
  4. United States v. CaseyNavy-Marine Corps Court of Criminal Appeals · 1996
  5. United States v. PabonU S Air Force Court of Military Review · 1993

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