U.S. v. Phillips, 52 M.J. 268

Core Criminal Law Subjects: Evidence: Other Acts

1. there is a three-part test to determine the admissibility of evidence of “other crimes, wrongs, or acts”: (1) the evidence must reasonably support a finding by the court members that appellant committed prior crimes, wrongs, or acts; (2) the evidence must make a fact of consequence more or less probable; and, (3) the probative value must not be substantially outweighed by the danger of unfair prejudice

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

1. military judge’s admission of evidence under MRE 404(b) is reviewed for abuse of discretion, and is reviewed on the basis of the facts before the military judge at the time of the ruling
2. a military judge enjoys “wide discretion” in applying MRE 403; however, where the military judge does not articulate the factors he considers in balancing probative value against prejudicial impact, the appellate court will not accord him the deference that flows from a properly articulated balancing

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: State Laws / Statutes

1. ordinarily, the existence of a marriage is a question of fact to be decided in accordance with state law; where, however, the issue is whether that marriage is a sham in furtherance of a conspiracy to defraud the government, the validity of the marriage under local law is not determinative