Monday, February 25, 2008
In United States v. Hall, __ M.J. ___, No. 07-0384/MC (C.A.A.F. Feb. 25, 2008), available here, CAAF accepts the government's concession that the military judge erred by admitting as layperson opinion an NCIS agent's testimony that she believed that burns on the infant victim were a "textbook case of an immersion burn with clear lines of demarcation and a lack of splash marks . . . indicative of non-accidental trauma." But CAAF also agrees with the government that the error was harmless. Hall doesn't appear to reach beyond the narrow fact pattern from which is arose. Judge Baker for a unanimous court.
Posted by Dwight Sullivan at 9:35 PM