United States v. Burton

Judge RYAN

delivered the opinion of the Court.

At different points during the closing argument on findings in this ease, trial counsel suggested that the members of the panel could compare the similarities between charged offenses for a propensity to commit “these types of offenses” and see the accused’s modus operandi. Although the charged offenses were themselves the proper subject of closing argument, the underlying conduct had not been offered or admitted under Military Rules of Evidence (M.R.E.) 404 or 413. Trial counsel’s invitation to the panel to compare the charged offenses to find…