United States v. Pjecha

I would affirm the decision of the Court of Military Review.

I

I disagree with the majority’s conclusion that Special Agent Kennedy’s demonstration before the court members, of the field test he made to ascertain the nature of the substance reportedly sold by the accused, “was of great inflammatory potential and of little relevance to the issue of guilt, and its attendant dangers of unfair prejudice, confusion of the issues, and misleading the jury outweighed its probative value.”

a. The accused was charged with two sales of marijuana to an undercover infor*457mant, Irizarry. The first sale was on…