U.S. v. Manns, 54 M.J. 164

Core Criminal Law Subjects: Evidence: Balancing

1. sentencing evidence, like all other evidence, is subject to the balancing test of Mil. R. Evid. 403
2. military judge has wide discretion in applying the balancing test of Mil. R. Evid. 403, and ordinarily appellate courts will exercise great restraint in reviewing a judge’s decisions under Rule 403
3. when a military judge conducts a proper balancing test under Mil. R. Evid. 403, the ruling will not be overturned unless there is a clear abuse of discretion; less deference is given to military judges if they fail to articulate their balancing analysis on the record; no deference is given to military judges if they fail to conduct a required Rule 403 balancing test
4. prosecution sentencing evidence containing admissions by appellant that he had used marijuana, committed adultery, used prostitutes, and obsessed over sex was not “overkill” subject to exclusion under Mil. R. Evid. 403 in a bench trial where the potential for unfair prejudice was substantially less that it would be in a trial with members; court was satisfied that military judge was able to sort through the evidence, weigh it, and give it appropriate weight

Trial Stages: Sentence and Punishment: Evidence

1. sentencing evidence, like all other evidence, is subject to the balancing test of Mil. R. Evid. 403
2. admissions by appellant that he committed adultery, used prostitutes, and obsessed over sex were admissible on sentencing in a case involving child sexual abuse to show the depth of the appellant’s sexual problems

Trial Stages: Sentence and Punishment: Unsworn Statements

1. RCM 1001(c)(2)(C) prohibits cross-examination of the accused about an unsworn statement, but permits the prosecution to rebut any statement of fact therein; appellant’s unsworn statement that he “tried . . . to stay within the laws and regulations of this country” was an assertion of fact that he had tried to obey the law and that assertion was subject to rebuttal evidence demonstrating that appellant had not tried, or at least had not tried very hard, to obey the law
2. admissions by appellant that he had used marijuana, committed adultery, used prostitutes, and obsessed over sex rebutted appellant’s factual assertion in his unsworn statement that he had tried to obey the law all his life

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

1. military judge’s decision to admit or exclude evidence is reviewed for an abuse of discretion