CAAF has granted review in a case involving Military Rule of Evidence 1006, which permits voluminous writings, recordings, and photographs to be presented in summary form. MRE 1006 is not exactly the subject of frequent litigation. In fact, the sixth edition of the invaluable Military Rules of Evidence Manual annotated precisely zero military justice cases in its Rule 1006 section. So it is exciting to see CAAF deciding to explores this rule’s contours a bit. Here are the granted issues:

DID A DEFENSE OBJECTION OF “LACK OF FOUNDATION” TO A SUMMARY DOCUMENT MOVED INTO EVIDENCE UNDER M.R.E. 1006 EITHER INCLUDE OR PRESERVE AN OBJECTION TO THE ADMISSIBILITY OF THE UNDERLYING EVIDENCE UPON WHICH THE SUMMARY WAS BASED?

WAS THE EVIDENCE UPON WHICH THE M.R.E. 1006 SUMMARY WAS BASED ADMISSIBLE AS AN EXCEPTION TO HEARSAY AND PROFFERED BY A COMPETENT WITNESS?

United States v. Reynoso, __ M.J. ___, No. 07-0221/MC (C.A.A.F. Aug. 16, 2007). I couldn’t find Reynoso on either NMCCA’s web site or NKO. Does anyone know any more details about the case?

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