Former testimony of LE at Art. 32?

Here is an interesting post from one of my favorite sites –

Testimony by arresting officer from defendant’s suppression hearing (regarding what the officer saw as the only witness to the defendant’s confession to the charged crime) should not have been admitted as FRE 804(b)(1) former testimony in defendant’s subsequent drug distribution conspiracy trial; the defense did not have a similar motive in questioning the officer during the suppression hearing (e.g., as to show the alleged confession was not voluntary and therefore inadmissible), as the defendant would have during the trial on the merits (in examining the officer about the substance of the defendant’s alleged confessional statements), in United States v. Duenas, __ F.3d __ (9th Cir. Aug. 16, 2012) (Nos. 09-10492, 09-10496).

This case focuses on the issue of counsel’s motive in confrontation at a prior hearing.  I’m not so sure that this case helps exclude prior testimony from an Article 32, UCMJ, investigation, but . . .

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