United States v. Simmons

OPINION OF THE COURT

JONES, Senior Judge:

The appellant was convicted, contrary to his pleas of not guilty, of robbery (two specifications) and of possession of a hypodermic syringe in violation of Articles 122 and 92, Uniform Code of Military Justice, 10 U.S.C. §§ 922 and 892. We are reviewing the case pursuant to Article 66, UCMJ, 10 U.S.C. § 866.

We are concerned with the question of whether the military judge was required to give a limiting instruction on uncharged misconduct in spite of trial defense counsel’s repeated request that such an instruction not be given. An outline of the factual…