United States v. Back

I would answer the certified question in the negative. I agree with the board of review below that “defense counsel opened the door to the unfavorable disclosure.” He repeatedly attempted, although unsuccessfully, to get the witness to admit that he stole the radio in anticipation of his separation from the service and later use in his civilian employment. However, I disagree with the conclusion that the accused was prejudiced by the law officer’s failure to instruct on the limited purpose for which the evidence was admitted. The excerpts from the record of trial, which are set out below,…