United States v. Browning

I agree that the lower appellate court’s decision should be affirmed. However, I have some difficulty with the majority’s joint treatment of the distinct legal issues in this case. I prefer a more direct analysis of the issues.

With respect to Issue I, I find no error because the evidence was properly admitted under Mil.R.Evid. 404(b) and because the probative value of this evidence was not substantially outweighed by any unfair prejudice under Mil.R.Evid. 403. See United States v. Smith, 52 MJ 337 (2000); see generally E. Imwinkelried, Uncharged Misconduct Evidence § 2:05 (1999). With respect…