U.S. v. Glover, 53 M.J. 366

Core Criminal Law Subjects: Evidence: Balancing

1. military judge admitted evidence of two prior bad check convictions which were over ten years old; if he did so in reliance on his conclusion that MRE 403 did not apply to evidence introduced at sentencing, he erred. See RCM 1001(b)(3) and Analysis thereto
2. where military judge properly balances probative value of alleged threats made by appellant against their prejudicial impact, articulates the reasons for admitting/excluding the evidence, and gives carefully crafted limiting instructions, the military judge will only be reversed for clear abuse of discretion

Trial Stages: Sentence and Punishment: Evidence

1. military judge admitted evidence of two prior bad check convictions which were over ten years old; if he did so in reliance on his conclusion that MRE 403 did not apply to evidence introduced at sentencing, he erred. See RCM 1001(b)(3) and Analysis thereto

Trial Stages: Appeals: Harmless / Prejudicial Error

1. erroneous admission of prior convictions on sentencing was harmless where: (1) evidence of the convictions was already in evidence through appellant’s character witnesses; and (2) the prior convictions were relatively insignificant when compared to the offenses of which appellant was convicted