Articles Posted in Evidence

Here’s an interesting post by Prof. Miller. Colin Miller, Your Only Self Defense: Court Of Appeals Of Louisana Engaged In Incorrect Right To Present A Defense Analysis In Murder Appeal, 13 April 2009. Most states, including Louisiana, have rules of evidence that govern the admissibility of evidence in their courts. Those rules, however, are not…

A change to Fed. R. Crim. Pro. recently adopted reminds me of a motion I file from time to time after the member’s have found my client guilty, or at the time the military judge asks if there is anything else before adjourning the court — that’s a Griffith motion. But first here is the…

Here is a post from Prof. Colin Miller reminding us that hearsay within hearsay is still a potential objection to the contents of business records sought to be admitted under a Mil. R. Evid. 803 exception. Prof. Colin Miller, Layering Effect: Ninth Circuit Finds Public Record With Hearsay Within Hearsay Was Improperly Admitted, EvidenceProf blog,…

According to the MJ ruling in a case I just completed in Korea, the Intoxilyzer SD2 is reliable if administered in accordance with its instruction manual and the applicable AR. However, at Camp Casey, Korea, they are not admissible. That is because the MP’s do not conduct proper calibrations in accordance with the test instructions…

There’s an interesting case going on in (southern California of course) where the defense is seeking to offer. Defense attorneys are for the first time submitting a controversial neurological lie-detection test as evidence in U.S. court.digg_url =”http://blog.wired.com/wiredscience/2009/03/noliemri.html”; In an upcoming juvenile-sex-abuse case in San Diego, the defense is hoping to get an fMRI scan, which…

Federal Evidence Review has put up a very good list of Supreme Court cases that impact evidence issues in a case. The list “includes constitutional, statutory, and Federal Rules of Evidence – based evidence-related cases.” The list is by its nature discretionary and subject to change, but a useful reminder. Who knows, the Supreme Court…

Every so often the defense wants a co-accused to testify because they have something beneficial to say and they have already said it at the Article 32, UCMJ, hearing. As we know, the prosecution almost never willingly immunizes the witness, and judges don’t always force the issue. (Odd how that happens to the defense, but…

Rule 1102. Amendments. Amendments to the Federal Rules of Evidence shall apply to the Military Rules of Evidence 18 months after the effective date of such amendments, unless action to the contrary is taken by the President. On September 19, 2008, Fed. R. Evid. 502, a new evidence rule concerning the attorney-client privilege and work-product…

There may be a legitimate question that the Intoxlyzer 5000 does discriminate against African-Americans. This test is in use throughout much of DoD. It seems at least worth researching and filing a Houser motion in regard to this technology if your client is African-American, and perhaps if the client is a woman. See United States…

Here is an interesting CAAF grant in a Coast Guard case. No. 08-0719/CG. U.S. v. Webster M. SMITH. CCA 1275. Review granted on the following issue: WHETHER THE MILITARY JUDGE VIOLATED APPELLANT’S CONSTITUTIONAL RIGHT TO CONFRONT HIS ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT’S ONLY WITNESS, ON THREE OF THE FIVE CHARGES. Appellant…