United States v. Hardy

DECISION

MAHONEY, Judge:

Prior to admitting in evidence two adverse personnel actions offered by the government for consideration during the sentencing phase of the trial, the military judge questioned the accused to elicit an adequate foundation to establish that the documents were properly entered in the personnel records. We hold that compelling the accused to assist in establishing the admissibility of otherwise inadmissible prosecution exhibits violated his privilege against self-incrimination.

Absent an affirmative waiver, the accused’s right to remain silent at his own trial, including…