United States v. Wright

I would hold that Fed.R.Evid. 413, as incorporated by Mil.R.Evid. 1102, was applicable to appellant’s court-martial in March of 1997 and it was constitutional. See United States v. Enjady, 134 F.3d 1427, 1430 (10th Cir.1998) (holding that Fed.R.Evid. 413 is facially constitutional because Fed.R.Evid. 403 balancing test applies), citing Dowling v. United States, 493 U.S. 342, 352-53, 110 S.Ct. 668, 107 L.Ed.2d 708 (1990); accord United States v. Castillo, 140 F.3d 874, 881-83 (10th Cir.1998). However, I agree with Judge Gierke in his view that evidence of conduct that occurs after the charged…