To Be, or Not to Be (Arbitrary)?

Send us Fan MailHappy New Year, everyone! This week, Sam and Trevor cover two cases where the Court of Appeals for the Armed Forces (CAAF) analyzes the purported arbitrary application of military rules of evidence. The first is United States v. Maebane, No. 24-0196, 2025 CAAF LEXIS 772 (C.A.A.F. Sep. 18, 2025). In this 3-2 decision, the CAAF overturned a conviction where a third party’s confession was ruled inadmissible under Military Rule of Evidence 807. The duo dissects the detailed facts to show how and why the CAAF reached the decision it did. During their discussion, they talk about two Supreme Court cases: Chambers v. Mississippi, 410 U.S. 284 (1973), and Holmes v. South Carolina, 547 U.S. 319 (2006). The second case they discuss is United States v. Miller, No. 25-0025, 2025 CAAF LEXIS 803 (C.A.A.F. Sep. 24, 2025). In this 4-1 decision, the CAAF held that Military Rule of Evidence 412 hearings must be closed and that military judges need not hold an open hearing to decide whether, on the facts of the case, the hearing ought to be closed. Sam and Trevor also highlight the dissent and draw parallels between Miller and the Supreme Court’s recent decision in Pitts v. Mississippi, 223 L.Ed.2d 151 (U.S. 2025). As always, feel free to reach out with questions or comments at [email protected].