Task: Wrong Candidate Generation
Input (English): be corroborated, the declarant’s age and the circumstances under which the statement was made. Donaldson, 58 M.J. at 488. A military judge’s factual findings on the existence of circumstantial guarantees of trustworthiness are reviewed for clear error. Id. “A declarant’s young age is a positive factor supporting admissibility and assuring trustworthiness as it lessens the degree of skepticism with which ,we might view his or her motives.” United States v. Dingle, 27 M.J. 704, 708 (A.F.C.M.R.1988). Here, the military judge determined that AM was not available and the hearsay statements were necessary. The military judge considered AM’s prior testimony in court, made personal observations and considered expert testimony. Cf. United States v. Czachorowski, 66 M.J. 432, 436 (C.A.A.F.2008) (<HOLDING>). The trial judge specifically found that AM 
 Holding statements: (A) holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised (B) recognizing that a party could not rely on the hearsay exceptions under rule 804 on summary judgment without showing unavailability of the witness (C) holding a trial judge may not rely only on counsels proffer regarding unavailability to admit hearsay under the residual exception (D) recognizing that the united states constitution may require courts to admit exculpatory hearsay statements that do not fall within any recognized hearsay exception (E) holding florida drivers handbook hearsay and not within any recognized exception to hearsay rule
Output (English): recognizing that a party could not rely on the hearsay exceptions under rule 804 on summary judgment without showing unavailability of the witness