The Supremes have docketed a cert petition in Burton v. United States, No. 08-1270, which seeks cert to review CAAF’s decision at 67 M.J. 150. Here’s the QP:
Whether Petitioner’s right to Due Process was violated when the trial judge permitted the triers-of-fact to consider evidence of a charged sexual assault, not offered under M.R.E. 413, as propensity evidence that Petitioner raped a different woman approximately four years later.