Defense use of statements of the accused to an RCM 706 Board

bestmilitarydefenseucmjdefenselawyer238United States v. Schap , 49 M.J. 317 (C.A.A.F. 1998). The judge did not err when he sustained trial counsel’s objection and prevented former sanity board psychiatrist from testifying for defense at trial as to accused’s statements and emotions at the time of the offense. The defense was attempting to smuggle the accused’s statements in without subjecting him to cross-examination.

  • Once defense offerstestimony of accused’s mental condition, a prosecution expertmay testify as to the reasons for the expert’s conclusions concerning accused’s mental state (may not extend to accused’s statements unless the accused first introduces his own statement or derivative evidence). MRE 302.