JAG CENTRAL

Today, the Army Court of Criminal Appeals released this unpublished opinion in U.S. v. Bresnahan, No. ARMY20010304. The case involved a soldier convicted of involuntary manslaughter in the child abuse death of his son. During trial, uncharged misconduct evidence was presented, over the accused's objection, as to injuries caused by blunt force trauma that occurred four to eight weeks prior to the death. The medical testimony was offered to prove mens rea as to the death. ACCA held 3-0 that the evidence was improperly admitted because there was no evidence that the accused caused the injuries and therefore the evidence was irrelevant. However, it also held that because of the strength of the government's case, the error was harmless, and it affirmed both the conviction and the sentence (six years confinement).