United States v. Brown

No. ARMY 20160195, 2018 CCA LEXIS 107 (2018)

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United States v. Brown

United States Army Court of Criminal Appeals
No. ARMY 20160195, 2018 CCA LEXIS 107 (2018)

SC

Facts

During an altercation at a bar, Specialist (SPC) Rine began writing notes on his cell phone describing what was taking place. The altercation resulted in the death of LS and the assault of LW. Brown (defendant) was acquitted of the killing of LS but was also charged with the aggravated assault of LW. SPC Rine began taking his notes approximately five minutes after the altercation began. The military court permitted the government (plaintiff) to introduce the notes as a present sense impression. Brown was convicted, and he appealed, arguing that the notes constituted inadmissible hearsay.

Rule of Law

Issue

Holding and Reasoning ()

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