United States v. Sullivan, 2011 CAAF LEXIS 447

Appellant was convicted by a general court-martial of multiple offenses against EM, his minor cousin, including carnal knowledge and kidnapping.
EM testified to the charged offenses; Appellant did not testify.
The defense sought to introduce EM’s prior mental health history and medication use to show motive to fabricate and to challenge credibility.
The military judge ruled these subjects inadmissible under M.R.E. 401/403 and limited cross-examination and related testimony.
On appeal, the court affirmed the military judge’s evidentiary rulings as not abuse of discretion; the dissent argued the rulings were prejudicial errors.
The proceeding culminated in a six-year confinement sentence with rank reduction, forfeitures, and a dishonorable discharge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the military judge abused discretion excluding motive-to-fabricate evidence	Sullivan argues EM had motive to lie; evidence would help jurors assess credibility	Government argues lack of nexus and risk of prejudice; evidence not probative	No abuse of discretion; nexus insufficient under 401/403
Whether the military judge erred excluding evidence of EM’s past medication	Sullivan contends prior meds show basis for belief she was medicated and fabricating	Government contends no nexus; medications in prior years do not affect current credibility	No abuse of discretion; balancing test supported exclusion

United States v. Moss, 63 M.J. 233 (C.A.A.F. 2006) (bias evidence admissible; cross-examination to probe credibility)
Delaware v. Van Arsdall, 475 U.S. 673 (U.S. Supreme Court 1986) (limits on cross-examination; 403 balancing framework)
Davis v. Alaska, 415 U.S. 308 (U.S. Supreme Court 1974) (confrontation and cross-examination rights)
United States v. Carruthers, 64 M.J. 340 (C.A.A.F. 2007) (confrontation rights; nexus required for bias evidence)
United States v. Collier, 67 M.J. 347 (C.A.A.F. 2009) (limits on cross-examination; 403 balancing; bias evidence)