United States v. McDowell

DECISION

KASTL, Senior Judge:

Mil.R.Evid. 404(b) — evidence of other crimes, wrongs, or acts — is the Russian nesting doll of military law. Twist one of these “matrioshka” dolls at the waist and out tumble a confusing succession of smaller and smaller dolls. In this simile, they are called by such names as plan, motive, design, intent, scheme, and the like. In one of their more recent appearances, the term bad attitude has been suggested; see United States v. Ferguson, 29 M.J. 559 (A.F.C.M.R.1989). Finally, in an effort to bring rationality to a most complex area, the Court of Military Appeals…