Articles Posted in Evidence

Professor Colin Miller at Evidence Prof blog draws attention to a Wisconsin Law Journal article about a proposed change to Fed. R. Evid. 804. In September, the Judicial Conference of the United States adopted the recommendation of the Advisory Committee on Evidence Rules to amend Federal Rule of Evidence 804(b)(3) so that prosecutors, as well…

At a September 2009, meeting the Federal Rules Committee approved and forwarded a number of changes to federal practice. Of note to military practitioners, about 2 years from now, is Fed. R. Evid. 804 and its changes. I say that long because Mil. R. Evid. 1102 doesn’t require adoption until 18 months after the federal…

Since 1 October 2009, NMCCA has issued four new opinions. Here is United States v. Holmes, __ M.J. ___ NMCCA 200800501 (N-M Ct. Crim. App. 8 October 2009)( a Judge Meeks case of Wuterich fame). The other cases are sentence appropriateness and the usual administrativa. The appellant’s sole assignment of error is that the military…

Thanks to CAAFLog, here is a link to the above report. Here are the most pertinent sections affecting military justice trial practitioners. SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. 1. Prior to administrative discharge a medical examination is required. [A]…

United States v. Brasington, ARMY 20060033 (A. Ct. Crim. App. 5 October 2009). On 10 September 2008, our superior court granted appellant’s petition for grant of review on the following issue: WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY PROVIDED INCOMPETENT ADVICE REGARDING THE…

Monday will have the first oral argument of this term in a case relating to criminal law and procedure. Here’s the reminder from the LawProfBlog. Monday, Oct. 5 Maryland v. Shatzer: limits on police questioning after a suspect asks for a lawyer ScotusWiki summary Testing the Outer Limits of the Edwards Rule: Maryland v. Shatzer…

Here is a good post from FederalEvidence blog. Inadvertent Disclosure Under FRE 502(b) Not Shown By Failure To Assert Privilege Promptly Court denies motion to compel return of e-mail message after concluding the disclosure was not inadvertent under FRE 502(b) since defense counsel “had ample opportunity to discover and assert the claimed privileged status of…

This is the headline of an article by John Ramsey in the Fayetteville Observer, 28 September 2009. There are plenty of other articles coming out because of the interest in the case. An Army sergeant charged with involuntary manslaughter asked this morning for a jury made up of one-third enlisted soldiers. Sgt. Justin A. Boyle…

This is the name given to statistical errors that can arise when deciding the probability that a DNA sample is that of the accused. This is potentially more meaningful than usual to Troy Brown who was convicted of sexual assault and attempted murder. He has a twin brother. This transposition of the conditional probability can…

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