Legal Opinion

United States v. Henning

Court of Appeals for the Armed Forces

Decided March 21, 2016No. 16-0026/ARPublishedCited by 15 opinions

1Opinion of the Court

Chief Judge ERDMANN

delivered the opinion of the court. 1

Major Antiwan M. Henning is currently charged with several violations of Article 120, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 920 (2012). After an Article 39(a), UCMJ, hearing conducted pursuant to Military Rule of Evidence (M.R.E.) 702, United States v. Houser, 2 and Daubert v. Merrell Dow Pharm., Inc., 3 the military judge determined that the government’s proffered, deoxyribonucleic acid (DNA) testimony and evidence was unreliable and granted the defense’s motion to exclude it, The government appealed the ruling pursuant…

2Cases cited14 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. United States v. AyalaCourt of Appeals for the Armed Forces · 1995
  4. United States v. HouserUnited States Court of Military Appeals · 1993
  5. United States v. Reginald Pierre Beasley, United States of America v. Oliver Lawrence BeasleyCourt of Appeals for the Eighth Circuit · 1997

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3Cited by15 opinions

  1. United States v. GurczynskiCourt of Appeals for the Armed Forces · 2017
  2. United States v. BaasNavy-Marine Corps Court of Criminal Appeals · 2019
  3. United States v. BaasCourt of Appeals for the Armed Forces · 2020
  4. United States v. BaasCourt of Appeals for the Armed Forces · 2020
  5. United States v. BeckerNavy-Marine Corps Court of Criminal Appeals · 2020

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