United States v. Bender

Once again, the majority has applied the rule of exclusion in Mil.R.Evid. 404(b), Manual for Courts-Martial, United States, 1984, so niggardly that the exceptions have totally engulfed thé rule. The unfortunate aspect of the majority’s trend could not be illustrated more clearly than it is in this case.

To read the majority’s opinion is to infer that the accused’s intent in the acts with his daughter was in issue. Let me be clear: It was not! Indeed, if the acts did occur, the intent is unmistakable from the nature of the acts — which included inserting his fingers in her vagina. Instead, *113appel…