U.S. v. Robbins, 52 M.J. 455

Military Justice Personnel: Military Judge: Generally

1. a military judge is presumed to know the law and apply it properly, is presumed capable of filtering out inadmissible evidence, and is presumed not to have relied on such evidence on the question of guilt or innocence

Core Criminal Law Subjects: Witnesses: Scope of Permissible Testimony

1. a non-expert witness may not offer conclusions as to the guilt or innocence of an accused

Trial Stages: Appeals: Preservation of Error / Plain Error

1. absent a timely objection, an appellate court may take notice of plain error even though not brought to the attention of the military judge if the appellant demonstrates: that there was an error; that the error was plain, clear or obvious; and that the error materially prejudiced the substantial rights of the appellant
2. where trial has been by military judge alone, an appellant faces a particularly high hurdle in demonstrating plain error because the military judge is presumed to know the law and apply it correctly, is presumed capable of filtering out inadmissible evidence, and is presumed not to have relied on such evidence on the question of guilt or innocence

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

1. a military judge is presumed to know the law and apply it properly, is presumed capable of filtering out inadmissible evidence, and is presumed not to have relied on such evidence on the question of guilt or innocence