Articles Posted in Evidence

Every now and again a client wants to object to giving a DNA sample once at the Brig. Objections based on religion, the First Amendment, the Fourth Amendment, and the Fifth Amendment, won’t work. Pursuant to congressional authorization, the Federal Bureau of Investigation (“FBI”) established the Combined DNA Index System (“CODIS”), a national database containing…

This issue of journalists and privilege — and considerations of a Shield Law — is not new to military practice. A proposed privilege is circulating around Congress and other high offices. Here is a piece by Prof. Colin Miller of Evidence Prof Blog, writing this time for the Yale Law Journal’s Pocket Part — A…

Prof. Colin Miller has posted on how to and who may authenticate a persons voice, Follow My Voice: Seventh Circuit Finds That Voice Authentication Doesn’t Need To Be Done By An Expert. Federal Rule of Evidence 901(b)(5), which states that the requirement of authentication or identification as a condition precedent to admissibility is satisfied by…

Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606. Prof. Miller argues that, “Rule 606(b) to preclude allegations of juror bias violate criminal defendants’ right to present a defense.” Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to…

For those for who baseball is a drug, here is a good piece from Federal Evidence Review. Not only is this a baseball story, but it also has some teaching points about the law of evidence in drug prosecution cases. On Eve Of The Barry Bonds Perjury Trial, Government Appeals Evidence Ruling, FER, 2 March…

United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006). Federal Evidence Review draws attention to this case on the issue of law enforcement testimony. The case involved drugs. In military prosecutions we have similar situations where law enforcement testifies about drugs. The circuit concluded that plain error resulted: “We conclude that permitting police officers…

In a cautionary tale, Prof. Colin Miller, If You Were In The Public Eye: Kentucky Court Finds That Third Party Statements Were Properly Excluded From A Public Report, EvidenceProf Blog, 24 February 2009. Professor Miller draws attention to a Kentucky case which has relevance to Mil. R. Evid. 803(4), the public records exception, and potentially…

The oral argument transcript is now available in Rivera v. Illinois.

Prof. Colin Miller, The Sense Of The Past: Third Circuit Corrects Worst Present Sense Impression Ruling I Have Ever Seen, 23 February 2009. United States v Green, 2009 WL 385423 (3rd Cir. 2009). over Green’s vigorous objection, the Government was permitted to introduce as substantive evidence a statement that Brown purportedly made some 50 minutes…

Attorney-Client Privilege Protection Act of 2009 Is Introduced In the Senate (S. 445). Federal Evidence Review notes that Sen. Specter has re-introduced a bill that protects attorney-client privileged and work-product privileged information from use by prosecutors. This may, or may not, assist with the current issue about military email “access” issues.