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21 M.J. 363

United States v. August

United States Court of Military Appeals

Decided February 24, 1986

United States Court of Military Appeals · decided 1986-02-24

Relies on United States v. Moore · United States v. Snipes

Good law ✅— No negative treatment on recordhow we know

Decided 1986-02-24

How this case has been cited

Cited by 6 later decisions — most recently August 2004

40198619902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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EVERETT, Chief Judge

¶1(concurring):

¶2As I explained in my separate opinions in United States v. Snipes, 18 M.J. 172, 180 (C.M.A.1984), and United States v. Moore, 15 M.J. 354 (C.M.A.1983), I have a good deal of difficulty with the use of “expert testimony” in the area of profiles and syndromes because I am not convinced that such testimony truly is of much use to the factfinder. See Mil.R.Evid. 401. When such testimony does offer some probative value, however, the scope and use of the evidence must be carefully limited.

¶3Here, this particular “profile” is so broad and general that, indeed, I can think of no use to which it could be put in a trial in which it would be probative. Even if, by some stretch of thought, this profile might be of some marginal value, I agree with Judge Cox that, certainly, such “value is substantially outweighed by the danger of unfair prejudice.” See Mil.R.Evid. 403.

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