In this episode, we review the residual hearsay exception under M.R.E. 807 and the Sixth Amendment right to present a complete defense under Chambers v. Mississippi. We examine whether the military judge arbitrarily excluded a third party's recorded confession and apology letter to the victim's parents, and whether admitting that evidence for impeachment alone infringed a weighty interest of the accused. We provide takeaways on the current trustworthiness standard, the line between judicial gatekeeping and panel credibility determinations, and the appellate risk of excluding exculpatory evidence.
Learn more about The Quill & Sword series of podcasts by visiting our podcast page at https://tjaglcs.army.mil/thequillandsword. The Quill & Sword show includes featured episodes from across the JAGC, plus all episodes from our four separate shows: “Criminal Law Department Presents” (Criminal Law Department), “NSL Unscripted” (National Security Law Department), “The FAR and Beyond” (Contract & Fiscal Law Department) and “Hold My Reg” (Administrative & Civil Law Department). Connect with The Judge Advocate General’s Legal Center and School by visiting our website at https://tjaglcs.army.mil/.
| Date Taken: | 09.16.2026 |
| Date Posted: | 09.16.2026 08:34 |
| Category: | Interviews |
| Audio ID: | 93836 |
| Filename: | 2609/DOD_111981747.mp3 |
| Length: | 00:14:58 |
| Location: | US |
| Web Views: | 3 |
| Downloads: | 0 |
| High-Res. Downloads: | 0 |
This work, Criminal Law Department Presents – CAAF Chats Ep 81: United States v. Maebane (C.A.A.F. 2026), must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
