Legal Opinion

United States v. Gans

United States Court of Military Appeals

Decided June 25, 1991No. 64,266; CM 8900886PublishedCited by 2 opinions

1Opinion of the Court

Opinion of the Court

COX, Judge:

The sole issue raised by this appeal is whether a child-sex-abuse victim’s statement was properly admitted as past recorded recollection, in light of questions concerning the witness’ present knowledge. 32 MJ 23 (1990). We hold the military judge did not err in admitting the victim’s statement as “recorded recollection" under Mil.R.Evid. 803(5), Manual for Courts-Martial, United States, 1984, and we affirm the decision of the Court of Military Review.1

I

Military Rule of Evidence 803(5):

Recorded Recollection Exception to the Hearsay Rule

There are levels of…

2Cases cited18 opinions

  1. California v. GreenSupreme Court of the United States · 1970
  2. Dutton v. EvansSupreme Court of the United States · 1970
  3. Delaware v. FenstererSupreme Court of the United States · 1985
  4. United States v. OwensSupreme Court of the United States · 1988
  5. Mancusi v. StubbsSupreme Court of the United States · 1972

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3Cited by2 opinions

  1. United States v. HansenU S Air Force Court of Military Review · 1992
  2. United States v. Specialist LUKE D. ENGLISHArmy Court of Criminal Appeals · 2018

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