CORE CRIMINAL
LAW SUBJECTS: Evidence: Summaries
United
States v. Reynoso, 66 M.J. 208 (the mere
utterance, “objection on
foundation,” did not preserve any issue under MRE 1006 regarding the
chart
itself or any hearsay issue regarding the underlying evidence upon
which the
chart was based; this is the very reason for the specificity
requirement under
MRE 103(a)(1)).
(MRE 1006 states that the
contents of
voluminous writings, recordings, or photographs that cannot
conveniently be
examined in court may be presented in the form of a chart, summary, or
calculation; the originals, or duplicates, shall be made available for
examination or copying, or both, by other parties at reasonable time
and place;
and the military judge may order that they be produced in court).
(summary evidence is
admissible only if the
underlying materials upon which the summary is based are admissible,
with one
exception; specifically, it is possible for a summary that is
admissible under
Rule 1006 to include information that would not itself be admissible if
that
information is reasonably relied upon by an expert preparing the
summary).
(defense counsel’s objection
on foundational
grounds to a chart that an expert witness helped formulate to
demonstrate the
differences in basic allowance for housing rates and cost of living
allowances
for different locations did not preserve any issue on appeal regarding
the
chart itself or any hearsay issue regarding the underlying evidence
upon which
the chart was based, especially where defense counsel’s voir dire of
the
witness appeared designed to suggest that the witness was not in a
position to
know whether the figures he relied on were accurate).