Legal Opinion · Concurring in part, dissenting in part

United States v. Huet-Vaughn

Court of Appeals for the Armed Forces

Decided September 28, 1995No. 94-5005; CMR No. 9101873Published

1Concurring in part, dissenting in partSullivan, Chief Judge

53. I disagree with the majority’s rationale in this case. I would hold that it was error for the military judge to prevent Captain (CPT) Huet-Vaughn from explaining her state of mind at the time she left her unit. United States v. Huff, 7 USCMA 247, 250, 22 CMR 37, 40 (1956) (“[A]n accused cannot be denied every opportunity to present evidence at the trial to negate the existence of every element of the offense charged.”).

54. Under our case law CPT Huet-Vaughn’s mental processes were relevant to determine whether she had an intent to avoid hazardous duty or shirk important service as…

2Cases cited6 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. United States v. ShullUnited States Court of Military Appeals · 1952
  3. United States v. AppleUnited States Court of Military Appeals · 1958
  4. United States v. ClineUnited States Court of Military Appeals · 1953
  5. United States v. HuffUnited States Court of Military Appeals · 1956

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