CORE CRIMINAL LAW SUBJECTS: Evidence: Prejudice


2010 (September Term)

United States v. Gaddis, 70 M.J. 248 (the term unfair prejudice in the context of MRE 403 speaks to the capacity of some concededly relevant evidence to lure the factfinder into declaring guilt on a ground different from proof specific to the offense charged; MRE 403 addresses prejudice to the integrity of the trial process, not prejudice to a particular party or witness). 

2008 (September Term)

United States v. Sanders, 67 M.J. 344 (during the sentencing phase of a court-martial, any error in the admission of a handwritten letter found in appellant’s pretrial confinement cell that contained a farrago of bequests, assertions, excuses, and advice, some of which attacked the military justice system and accused the military judge of favoring the prosecution, did not substantially influence the adjudged sentence and did not materially prejudice the substantial rights of appellant where the military judge stated that she would not consider the personal attack on her contained therein, where there is no indication that the military judge gave significant weight to the rest of the letter in arriving at the adjudged sentence, where appellant only received confinement for 14 years when the maximum sentence included confinement for life without eligibility for parole, and where appellant’s crimes were severe).


1999


United States v. Gray, 51 MJ 1 (photographs of appellant’s victims were not unduly gruesome and prejudicial in multiple, violent murder case, and probative value was not substantially outweighed by prejudicial effect).


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