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Legal Opinion

United States v. Ferguson

United States Court of Military Appeals

Decided May 8, 1989No. 58,030; NMCM 87 0210PublishedCited by 40 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Chief Judge:

In this appeal from a general court-martial conviction,1 2we must decide whether *105the military judge erred to Ferguson’s prejudice by admitting evidence of his prior uncharged misconduct. See Mil.R.Evid. 404(b), Manual for Courts-Martial, United States, 1984.2 (25 MJ 192). This evidence consisted of testimony both from the alleged victim of the charged offenses and from her older sister. We conclude that the military judge erred by overruling the timely defense objection thereto.

I

Kim and Kathy are Ferguson’s stepdaughters. Kim, the alleged victim in…

2Cases cited7 opinions

  1. Thompson v. United StatesDistrict of Columbia Court of Appeals · 1988
  2. United States v. WingartUnited States Court of Military Appeals · 1988
  3. United States v. BrannanUnited States Court of Military Appeals · 1984
  4. United States v. GambleUnited States Court of Military Appeals · 1988
  5. United States v. RappaportUnited States Court of Military Appeals · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. United States v. LovingCourt of Appeals for the Armed Forces · 1994
  2. United States v. ReynoldsUnited States Court of Military Appeals · 1989
  3. United States v. DiazCourt of Appeals for the Armed Forces · 2003
  4. United States v. DorseyUnited States Court of Military Appeals · 1993
  5. United States v. HughesUnited States Air Force Court of Criminal Appeals · 1998

35 more not listed; retrieve them via the Exa API.

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