Argued on January 31, 2019.

Case Summary: A panel of members with enlisted representation sitting as a general court-martial convicted the appellant, contrary to his pleas, of two specifications of conspiracy, one specification of making a false official statement, two specifications of committing a sexual act upon a child, two specifications of producing child pornography with intent to distribute, and two specifications of distributing child pornography in violation of Articles 81, 107, 120b, and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 881, 907, 920b, and 934 (2012). The appellant was sentenced to fifteen years’ confinement, forfeiture of all pay and allowances, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged and, except for the dishonorable discharge, ordered it executed.

Issues:

I. Did the military judge abuse his discretion in admitting the Diatherix gonorrhea test results and the related testimony of Drs. Hobbs and Kafer?

II. Did the Diatherix gonorrhea test results and the related testimony of Drs. Hobbs and Kafer constitute testimonial hearsay, the admission of which violated the Sixth Amendment?

Note: Audio post-processed for this podcast with a dynamic normalizer filter.