Uncharged misconduct. Benchbook, para. 7-13

  1. The military judge is required to instruct on the limited use of uncharged misconduct“upon request.” Mil. R. Evid. 105.
  2. Instruction may be required even absent defense request. United States v. Barrow , 42M.J. 655 (A.F. Ct. Crim. App. 1995) (despite defense request not to give limiting instruction regarding uncharged misconduct, one was required because “[n]o evidence can so fester in the minds of court members”).
  3. Timing of instruction. United States v. Levitt , 35 M.J. 114 (C.M.A. 1992).Instruction should be given immediately following introduction of evidence and repeated before deliberations.bestmilitarydefenseucmjdefenselawyer09