United States v. Gans

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…