(concurring):
I agree with the majority opinion that prejudicial error did not occur in this case. I would add, however, that Mil.R.Evid. 302(b)(1) must be read and applied in light of Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981). See Fed.R.Crim.P. 12.2(c). See also United States v. Parker, 15 M.J. 146 (C.M.A.1983).