U.S. v. Hukill, 76 M.J. 219

Military Justice Personnel: Military Judge: Duties and Responsibilities

1. the presumption that the military judge knows and follows the law is only as valid as the law itself; the presumption cannot rectify a legal error or render it harmless

Core Criminal Law Subjects: Evidence: Sexual Assault and Child Molestation

1. the use of evidence of charged sexual misconduct as MRE 413 propensity evidence for other charged sexual misconduct in the same case is error, regardless of the forum, the number of victims, or whether the events are connected; whether considered by members or a military judge, evidence of a charged and contested offense, of which an accused is presumed innocent, cannot be used as propensity evidence in support of a companion charged offense

Trial Stages: Appeals: Harmless / Prejudicial Error

1. constitutional concerns exist if, in a military judge-alone trial, a military judge uses charged sexual misconduct as propensity evidence under MRE 413; as there are constitutional dimensions at play, the erroneous admittance of evidence must be tested for prejudice under the harmless beyond a reasonable doubt standard; the government must prove there was no reasonable possibility that the error contributed to a conviction
2. the presumption that the military judge knows and follows the law is only as valid as the law itself; the presumption cannot rectify a legal error or render it harmless
3. in this case, the military judge’s error in using charged sexual misconduct as propensity evidence under MRE 413 for other charged sexual misconduct in the same case was not harmless beyond a reasonable doubt where (1) the military judge based his verdict on the accused’s propensity to sexually assault women, and (2) the government’s case was based entirely on the testimony of the victims and the alleged confession from the accused to his fiancée that he had been unfaithful, all of which the accused denied

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

1. a military judge’s decision to admit evidence is reviewed for an abuse of discretion
2. the meaning and scope of MRE 413 is a question of law that is reviewed de novo
3. constitutional concerns exist if, in a military judge-alone trial, a military judge uses charged sexual misconduct as propensity evidence under MRE 413; as there are constitutional dimensions at play, the erroneous admittance of evidence must be tested for prejudice under the harmless beyond a reasonable doubt standard; the government must prove there was no reasonable possibility that the error contributed to a conviction