Here is an interesting MRE 414 (unpublished) case from the Air Force –  United States v. Huebner.

A general court-martial composed of officer members convicted the appellant, contrary to his plea, of one specification alleging that he engaged in unlawful sexual contact by intentionally touching the genitalia and anus of his 14-month-old son, ECH, with an unknown object on a single occasion, in violation of Article 120, UCMJ, 10 U.S.C. § 920. The adjudged and approved sentence was a dishonorable discharge, confinement for 14 years, and reduction to E-1. The appellant argues that (1) the military judge erred by admitting other-acts evidence pursuant to Mil. R. Evid. 414, (2) his sentence is inappropriately severe, and (3) he received ineffective assistance of counsel.  As we agree that the admission of the Mil. R. Evid. 414 evidence was an abuse of discretion because there was insufficient evidence that it was the appellant who caused those prior injuries, and because we are unable to say that the error was harmless, we reverse.

The case seems fact specific without setting out new law.  But it’s the Air Force so can we expect a certification?

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