United States v. Private First Class DAVY J. HALCHIMAI
20220429
| A.C.C.A. | Jun 30, 2025Background
- Private First Class Davy J. Halchimai was convicted by an enlisted panel of communicating a threat, assault, and sexual assault against his wife, in violation of multiple articles of the UCMJ.
- The convictions stemmed from two incidents involving the appellant's wife, the first involving force and non-consensual anal penetration after a field exercise.
- The victim initially expressed her desire not to participate in prosecution, a stance known to both the government and defense before trial.
- Defense asserted there was an undisclosed agreement between the government and the victim, in which the victim would only testify at a pretrial motion hearing and not at trial.
- The military judge denied the defense's motions for discovery of government counsel's notes and to dismiss based on the alleged undisclosed agreement.
- The victim did testify at trial, and the defense had an opportunity to cross-examine her about any agreements with the government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Alleged nondisclosure of agreement with victim | Government did not disclose an agreement that could impact credibility. | No binding agreement existed; all disclosures were adequate. | Military judge did not abuse discretion; no discoverable agreement found, and defense was not prejudiced. |
| Discovery violation and remedy | Failure to disclose prejudicially affected defense rights. | All pertinent information given before trial; defense could cross-examine. | Any potential violation was moot as defense had opportunity to address it at trial. |
Key Cases Cited
- United States v. Stellato, 74 M.J. 473 (C.A.A.F. 2015) (sets out abuse of discretion review for discovery rulings)
- Giglio v. United States, 405 U.S. 150 (1972) (requires disclosure of evidence affecting witness credibility, including agreements for leniency)
- United States v. Jackson, 59 M.J. 330 (C.A.A.F. 2004) (describes purpose and scope of discovery in military justice)
- United States v. Roberts, 59 M.J. 323 (C.A.A.F. 2004) (establishes framework for analyzing discovery/disclosure violations)
- United States v. Coleman, 72 M.J. 184 (C.A.A.F. 2013) (discusses required disclosure of leniency agreements with witnesses)