United States v. Bradshaw ( 2015 )


Menu:
  •               UNITED STATES AIR FORCE COURT OF CRIMINAL APPEALS
    UNITED STATES
    v.
    Airman First Class KELTON M. BRADSHAW
    United States Air Force
    ACM 38490
    24 March 2015
    Sentence adjudged 29 August 2013 by GCM convened at Vance Air Force
    Base, Oklahoma. Military Judge: Bradley A. Cleveland (sitting alone).
    Approved Sentence: Dishonorable discharge, confinement for 25 months,
    and reduction to E-1.
    Appellate Counsel for the Appellant: Major Thomas A. Smith.
    Appellate Counsel for the United States: Major Daniel J. Breen.
    Before
    MITCHELL, WEBER, and CONTOVEROS
    Appellate Military Judges
    This opinion is issued as an unpublished opinion and, as such, does not serve as precedent
    under AFCCA Rule of Practice and Procedure 18.4.
    PER CURIAM:
    The approved findings and sentence are correct in law and fact, and no error
    materially prejudicial to the substantial rights of the appellant occurred. Article 66(c),
    UCMJ, 10 U.S.C. § 866(c); United States v. Reed, 
    54 M.J. 37
    , 41 (C.A.A.F. 2000).
    
    Attachment 8 to the stipulation of fact (prosecution exhibit 1) contains the name, date of birth, and other
    identifying information regarding one of the known victims depicted in the child pornography. This document
    should have been sealed but was not. Accordingly, the Clerk of the Court is directed to seal these pages in the
    original record of trial. The Government is directed to remove these pages from all other copies of the record of
    trial, as required by Air Force Manual 51-203, Records of Trial, ¶ 6.3.4 (27 June 2013). Also, 179 pages of skype
    chat logs were attached to the stipulation of fact with the vast majority of the pages being only minimally relevant.
    We encourage trial judges to exercise their authority pursuant to Mil. R. Evid. 403 to exclude evidence where the
    probative value is substantially outweighed by the waste of time and the needless presentation of cumulative
    evidence.
    Accordingly, the approved findings and sentence are AFFIRMED.
    FOR THE COURT
    STEVEN LUCAS
    Clerk of the Court
    2                       ACM 38490
    

Document Info

Docket Number: ACM 38490

Filed Date: 3/24/2015

Precedential Status: Non-Precedential

Modified Date: 3/25/2015