United States v. Henley

OPINION OF THE COURT

SNYDER, Senior Judge:

We hold in this ease as follows: 1) a magistrate, or authorizing official, may, when presented an adequate supporting basis, consider opinion evidence when determining whether probable cause to search exists; 2) when evidence of other crimes or acts is admitted at trial under both Mil.R.Evid. (Rule) 404(b) and 414, a determination at the appellate level that the evidence was properly admitted under Rule 404(b) moots any issue regarding Rule 414; and, 3) questions by appellate defense counsel as to “why” trial defense counsel did or did not do certain…