U.S. v. Young, 55 M.J. 193

Core Criminal Law Subjects: Evidence: Balancing

1. a military judge enjoys wide discretion under Mil. R. Evid. 403, and where he properly weighs the evidence under Mil. R. Evid. 403 and articulates the reasons for admitting the evidence, his decision will be reversed only for a clear abuse of discretion

Core Criminal Law Subjects: Evidence: Other Acts

1. the test for admissibility of evidence of uncharged crimes is whether the evidence of the misconduct is offered for some purpose other than to demonstrate the accused’s predisposition to crime
2. there is a three-part test for admissibility of evidence of other crimes, wrongs, or acts: (1) the evidence must reasonably support a finding that the accused committed the crime, wrong, or act; (2) the evidence must make a fact of consequence more or less probable; and (3) its probative value must not be substantially outweighed by the danger of unfair prejudice
3. the three-part test for admissibility of evidence of other crimes, wrongs, or acts applies to subsequent acts
4. military judge did not abuse his discretion by admitting evidence of a drug conversation involving appellant weeks after the charged drug conspiracy; the subsequent conversation revealed the subject matter and context of a conversation in which appellant admitted the charged conspiracy