NMCCA has published an opinion in United States v. Tearman, __ M.J. ___ (N-M Ct. Crim. App. 17 January 2012. This is a Blazier-Sweeney case. NMCCA affirmed the conviction.
The appellant assigns one error: that military judge abused his discretion by admitting, over the appellant’s objection, testimonial hearsay in violation of his Sixth Amendment right to confrontation. After careful examination of the record of trial, the parties’ pleadings, and oral argument, we conclude that testimonial hearsay was erroneously admitted, but that the error was harmless beyond a reasonable doubt.
NMCCA had previously reversed on a Blazier-Sweeney basis in United States v. Alicea, No. 201100366 (N-M Ct. Crim. App., January 12, 2012) .