Aggravation evidence” in stipulations of fact
- United States v. Glazier , 26 M.J. 268 (C.M.A. 1988).
- Inadmissible evidence may be stipulated to (subject to RCM 811(b) “interests of justice” and no government overreaching).
- Stipulation should be unequivocal that all parties agree stipulation is “admissible.”
- United States v. DeYoung , 29 M.J. 78 (C.M.A. 1989). Military judge must affirmatively rule on defense objections, even if the stipulation states that the contents are admissible. Parties cannot usurp the MJ’s role.
- United States v. Vargas , 29 M.J. 968 (A.C.M.R. 1990). The stipulated facts constitute uncharged misconduct not closely related to the facts alleged; therefore, they were “generally” inadmissible. BUT, the accused agreed to permit their use in return for favorable sentence limits, and there was no evidence of government overreaching.