Uncharged misconduct. Benchbook, para. 7-13
- The military judge is required to instruct on the limited use of uncharged misconduct“upon request.” Mil. R. Evid. 105.
- 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”).
- 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.