United States v. Staff Sergeant DANIEL GASKINS

I dissent. A DuBay6 hearing is inappropriate under the facts of this case and is almost certainly a waste of time. Despite the exhaustive search for Defense Exhibit A at the trial level, and the government’s continued opportunity during the pendency of this appeal to either find Defense Exhibit A or submit an adequate reconstruction of it, the exhibit is still missing and no adequate reconstruction has been forthcoming. Defense Exhibit A’s absence from the record is unequivocally a substantial omission, and the government’s efforts over the last two and one-half year’s have not overcome the…