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New CGCCA cases
United States v. Lindsey, the dishonorable failure to pay just debt case is now on line. While prosecution in this case seems reasonable, I’m always concerned when the military begins to act as a debt collection agency.
United States v. Daniel, is an unpublished opinion about admission without objection of a photograph.
Appellant now contends that Special Agent Green could not properly authenticate the photographs because he had no personal knowledge that they were taken from appellant’s computer, and could not identify the photographs as depicting the assault1 because he only heard SC talk about it, yet SC was passed out when the photographs were taken. He also notes that there was no foundation laid as to how the photographs came into CGIS’s possession.
The court seems to have used a plain error analysis and found that there was no prejudice even if improperly admitted. This was a MJA case.