CAAF grants in a second case challenging the use of charged offenses as evidence of criminal propensity
Our #6 Military Justice Story of 2015 was about decisions of the Army CCA, Air Force CCA, and Navy-Marine Corps CCA that allow the Government to use charged sex offenses as evidence of criminal propensity to commit other charged offenses in the same court-martial. Such propensity evidence in sex offense prosecutions is generally allowed under Military Rule of Evidence 413 (for sex cases) and 414 (for child molestation cases).
Last month CAAF granted review in United States v. Hills, No. 15-0767/AR (discussed here), an Army case challenging the use of charged offenses for propensity purposes under Mil. R. Evid. 413.
Last week CAAF granted review in another such case:
No. 16-0277/AR. U.S. v. William P. Moynihan. CCA 20130855. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue specified by the Court:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY GRANTING THE GOVERNMENT’S MOTION “TO USE THE CHARGED SEXUAL OFFENSES AS PROPENSITY EVIDENCE FOR EACH OTHER UNDER MRE 413 AND MRE 414.”
Briefs will be filed under Rule 25.
Notably, the court specified the issue.