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Use in Rebuttal

  1. militarydefenselawyers335United States v. Graham, 50 M.J. 56 (C.A.A.F. 1999). Military Judge erred in allowing single rebuttal question by trial counsel about a prior positive marijuana result four years earlier, of which accused was acquitted in court-martial, after accused stated he was “flabbergasted” at having tested positive. Accord United
    States v. Roberts, 52 M.J. 333 (C.A.A.F. 2000). But see United States v. Tyndale, 56 M.J. 209 (C.A.A.F. 2001).
  2. United States v. Matthews, 53 M.J. 465 (C.A.A.F. 2000). The CAAF holds that extrinsic evidence may not be used to rebut good military character.