U.S. v. Southworth, 50 M.J. 74

Trial Stages: Merits: Motions

1. RCM 906(b)(10) provides for severance by the military judge “but only to prevent manifest injustice.” Denial of motion to sever rape offenses was not abuse of discretion by military judge where he gave proper limiting instructions pertaining to spillover and where the government presented its case in a manner likely to preserve distinction between proof offered on each of the allegations

Trial Stages: Merits: Instructions › Generally

1. military judge is tasked with giving proper instructions including limiting instructions to preclude spillover from one offense to another distinct offense

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. military judge’s decision on a motion for severance is reviewed for abuse of discretion - a three-prong test is applied to determine abuse of discretion in applying the “manifest injustice” test of RCM 906(b)(10): (1) whether the evidence of one offense would be admissible proof of the other; (2) whether there was a proper limiting instruction; and (3) whether the findings reflect an impermissible crossover