United States v. Dollar
2011 CAAF LEXIS 148
C.A.A.F.2011Background
- Dollar, an Air Force sergeant, was convicted of adultery and four specifications of cocaine use under the UCMJ.
- Two drug-testing reports were preadmitted to prove cocaine charges; the cover memoranda, custody documents, chain of custody, and machine printouts were admitted without witness testimony on the declarants.
- The first test was random; the second followed a positive result from the first test.
- AFCCA initially held admission did not violate the Confrontation Clause; after Blazier I/II, it adopted a new view relying on Dr. Turner’s testimony.
- AFCCA concluded any error was harmless beyond a reasonable doubt and that Turner did not rely on the cover memoranda for his conclusions, despite frequent reference to them.
- This Court held the AFCCA’s rationale erroneous and remanded to reconsider harmlessness in light of Blazier II.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AFCCA erred in admitting testimonial cover memoranda via surrogate testimony | Dollar | Dollar | Remand for reconsideration of harmlessness |
Key Cases Cited
- United States v. Blazier, 69 M.J. 218 (C.A.A.F. 2010) (confrontation-clause error in admitting testimonial evidence via surrogate witness)
- United States v. Blazier, 68 M.J. 439 (C.A.A.F. 2010) (earlier ruling on testimonial evidence and harmlessness analysis)