Articles Posted in Evidence

Been a while since I’ve posted something related to technology and this century. (I should note a red book sighting the other day at NLSO WNY.) Here is an interesting article. Of course those of us with the offending L1 GPS systems are quite aware of running into brick walls or cul-de-sacs due to inaccuracies.…

CAAF has issued an opinion in United States v. Campos, __ M.J. ____ (C.A.A.F. 2009). The court was unanimous, although Judge Baker filed a separate concurring opinion. This is an opinion that essentially discusses the inadmissible evidence thrust down an accused’s throat through a stipulation as part of a pretrial agreement. Basically, if you stipulate,…

I frequently find myself objecting to or submitting in-limine motions about law enforcement testimony on how they got involved in the investigation. That testimony usually has a lengthy recitation that includes inadmissible hearsay from people, alleged victims, alleged co-accuseds, other law enforcement personnel. You have multiple hearsay, 401, and 403 objections. Here’s how the state…

Here is a follow-up on a proposed change to Fed. R. Evid. 804(b)(3), a good recommendation. On April 23-24, 2009, the Advisory Committee on Evidence Rules, of the U.S. Judicial Conference, recommended a proposed amendment to Evidence Rule 804(b)(3). The proposed amendment would clarify that the corroborating circumstances requirement under the rule applies to statements…

Restyling The Federal Rules of Evidence (Part III).

The New York Times reports that the Obama administration is considering preserving the military commissions some form. Part of the motivation for that, it is said, is this: “Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered by intelligence agencies.” It is…

We are all familiar with Rock v. Arkansas, 483 U.S. 44 (1987), in which a per se bar against hypnotically refreshed testimony of an accused was held unconstitutional. Prof. Colin Miller reports that the state of Illnois finds that a per se bar can be applied to witnesses other than the accused. I Put A…

The Coast Guard has issued an opinion in United States v. McDonald, __ M.J. ___ (C.G. Ct. Crim. App. April 24, 2009). This opinion discusses why the standard trial counsel sentencing argument in drug pop cases is typically erroneous. I call it the typical absence of proof problem for trial counsel. The standard for determining…

I noticed an article on the Navy JAG NKO site today that should be treated with some caution by defense counsel. It is entitled Practice Tip: Presenting medical evidence in a sexual assault case. I have no problem with the beginning and essential premise of the article – the absence of genital trauma in a…

Mil. R. Evid. 106, is a rule of completeness and applies to both the prosecution and the defense. Rule 106. Remainder of or related writings or recorded statements When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require that party at that time to introduce any…