Witnesses. RCM 1001(e)

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  1. Who must the government bring?
    1. United States v. Mitchell , 41 M.J. 512 (A.C.M.R. 1994). The military judge did not err by denying accused’s request for Chief of Chaplains as character witness. While acknowledging accused’s right to present material testimony, court upheld judge’s exercise of discretion in determining the form of presentation. Proffered government stipulation of fact detailed the witness’s background, strong opinions favoring the accused, and the government’s refusal to fund the witness’s travel.
    2. United States v. Briscoe