Army Discharge Upgrades Lawyer

by admin on March 5, 2011

Navy Discharge Upgrade Lawyers

In U.S. v. Rodriquez, the Court held that in the military there are two distinct rules of completeness, Rule 106 and Rule 304(h)(2). The Court ruled that Rule 106 applies when fairness demands that the remainder of the evidence be considered contemporaneously with the portions of the evidence offered by the opposing side. They accepted a standard about Rule 304(h)(2) that allows for admissibility of statements made by the accused at the time the defense submits the remainder of a statement or statements that are explanatory or relevant to the confession or admission of the accused previously offered by the government.




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In the context of a confession or an admission, read this rule along with Rule 304(h)(2) (where only part of the alleged admission or confession is introduced, the defense may introduce other portions). Other portions admitted by the defense do not need to overcome a hearsay objection. CAAF analyzed the potential application of the rule of completeness under both the federal and military rules, and also the common law doctrine of completeness.




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