19 M.J. 349 | United States Court of Military Appeals | 1985
Opinion of the Court
Appellant was tried by a general court-martial consisting of a military judge alone. Contrary to his pleas, he was found guilty of possessing lysergic acid diethylamide (LSD), in violation of Article 92, Uniform Code of Military Justice, 10 U.S.C. § 892. These findings and the sentence to a bad-conduct discharge, confinement at hard labor for 13 months, total forfeitures, and reduction to E-l were approved by the convening authority. The Court of Military Review affirmed. This Court granted review to consider whether the military judge erred in refusing to admit the testimony of defense character witnesses as to appellant’s truth and veracity. 17 M.J. 58 (1983).
Under Mil.R.Evid. 608(a)(2), a witness may be rehabilitated when his “character ... for truthfulness has been attacked by opinion or reputation evidence or otherwise.” We have now made clear that this rule should not be interpreted in a restrictive manner. See United States v. Allard, 19 M.J. 346 (C.M.A. 1985); United States v. Everage, 19 M.J. 189 (C.M.A. 1985). See also United States v. Medical Therapy Sciences, Inc., 583 F.2d 36 (2d Cir. 1978), cert. denied, 439 U.S. 1130, 99 S.Ct. 1049, 59 L.Ed.2d 91 (1979); United States v. Lechoco, 542 F.2d 84 (D.C. Cir. 1976).
From our examination of the record, we cannot distinguish this case from Everage and Allard. Accordingly, the decision of the United States Army Court of Military Review is reversed; the findings and sentence are set aside. The record of trial is returned to Judge Advocate General of the Army. A rehearing may be ordered.