Articles Posted in military rules evidence

To paraphrase CMTG, Military (Federal) Rule of Evidence 801(d)(1) provides that A statement is not hearsay if: 1.  The declarant testifies and is subject to cross-examination about a prior statement. 2.  The declarant testified under oath at a prior “hearing” or “or proceeding.” 3.  The prior statement is inconsistent with…

Federal Evidence Review notes the following: In conspiracy to distribute controlled substances prosecution, physician-defendant could not assert that the medical records of his patients were subject to a doctor-patient privilege because the federal courts do not recognize this privilege under FRE 501, in United States v. Bek, 493 F.3d 790…