United States v. Harris

I join in the affirmance of the findings and sentence, but I disagree with the conclusion in Part II of the majority opinion that the military judge’s failure to give an uncharged misconduct instruction was error.

I recognize the general rule that evidence of uncharged misconduct requires the trial *761judge sua sponte to give an instruction limiting its use by the fact finder.1 I believe, however, that the majority have erred in their definition of the phrase “uncharged misconduct” and in their application of this instructional rule to the facts of this case.

The majority’s opinion relies heavily…