U.S. v. Baumann, 54 M.J. 100

Core Criminal Law Subjects: Evidence: Balancing

1. evidence of prior sexual misconduct by appellant with young siblings in his family could highly prejudice appellant’s defense that he did not sexually molest his own daughter; in light of potential for prejudice and confusion of issues, and in view of the reduced probative value of such evidence as an explanation for why appellant’s wife sought a divorce, military judge abused his discretion by admitting the challenged evidence (MRE 403)
2. erroneous admission of evidence, over defense objection under MRE 403 was harmless error where, considered in light of the record of trial and the criteria set forth in United States v. Weeks, 20 MJ 22, 25 (CMA 1985), the evidence of guilt was overwhelming, the asserted defense was extremely weak (if a defense at all), and the military judge gave extensive limiting instructions
3. the burden is on the government to show that erroneous admission of evidence, over defense objection under MRE 403 did not materially prejudice the substantial rights of the appellant

Core Criminal Law Subjects: Evidence: Credibility

1. evidence of uncharged misconduct by appellant offered to show the credibility of appellant’s wife and her children as witnesses at appellant’s court-martial would have to be considered under MRE’s 608(c) and 403

Core Criminal Law Subjects: Evidence: Other Acts

1. MRE 404(b) is viewed as a rule of inclusion, not exclusion, thus evidence of uncharged misconduct of an accused may be offered to show a motive for some action by a person other than an accused

Core Criminal Law Subjects: Evidence: Relevance

1. statement made by appellant’s mother to appellant’s wife, reflecting sexual misconduct by appellant with his sisters 25 years earlier, was relevant to show what caused appellant’s wife to seek a divorce; this was made an issue of consequence in the case by the defense which asserted that appellant’s wife had manipulated the children/victims to testify falsely against appellant because appellant’s wife wanted to divorce appellant and marry another man, and the evidence was relevant to rebut the defense suggestion of manipulation

Trial Stages: Appeals: Harmless / Prejudicial Error

1. erroneous admission of evidence, over defense objection under MRE 403 was harmless error where, considered in light of the record of trial and the criteria set forth in United States v. Weeks, 20 MJ 22, 25 (CMA 1985), the evidence of guilt was overwhelming, the asserted defense was extremely weak (if a defense at all), and the military judge gave extensive limiting instructions

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

1. (the burden is on the government to show that erroneous admission of evidence, over defense objection under MRE 403 did not materially prejudice the substantial rights of the appellant
2. the burden is on the government to show that erroneous admission of evidence, over defense objection under MRE 403 did not materially prejudice the substantial rights of the appellant