JAG CENTRAL

Yesterday, the U.S. Court of Appeals for the Armed Forces handed down U.S. v. Israel, No. 04-0217. At issue was an alleged violation of the defendant's Sixth Amendment right of cross-examination when the trial judge excluded several areas of inquiry into discrepencies at the Air Force's drug testing lab. The defendant was convicted of wrongful use of cocaine in violation of Article 112a, UCMJ, 10 U.S.C. 912a. The Court of Appeals reversed and remanded, finding that the excluded evidence violated his right of cross-examination, and further found that the violation rose above the level of harmless error. An important opinion for those involved in drug abuse prosecution or defense in the military.