I recently completed a trial in which various statements (of the client) were admitted, over objection, under Mil. R. Evid. 801(d)(2)(B): these were statements of a husband and the client. The husband’s statements weren’t admitted. Interestingly Professor Colin Miller has a series of posts on his blog about “adoptive admissions.”
Adoption Stories: Can A Husband’s Admission Of An Affair Be Used As An Adoptive Admission Against His Wife? – who is then prosecuted for killing the girlfriend.
Adoption Stories, Take 3: Rule 806 And Why Adoptive Admissions Are Different From Other Admissions