Articles Posted in Trial-Craft(c)

Civilian attorneys get quite a few questions about expunging court-martial convictions. The answer is no, it can’t be done in the same way that many states allow for an expungement. The closest way to have it removed from your record is to have a court-martial reversed for factual sufficiency at the CCA, or get a…

When the Judge Is the Jury: Your goals don’t change in a bench trial, but your techniques should, August 2009 issue of the ABA Journal.

Does the SODDI defense work? Here are some thoughts or considerations. Elizabeth R. Tenney, Hayley M.D. Cleary, Barbara A. Spellman, “This Other Dude Did It!” A Test of the Alternative Explanation Defense, 21 The Jury Expert July 2009.

Confession(s) To Make: Florida Court Orders Separate Trials Of Former Football Players Based Upon Bruton Issues In Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court held that when there is a joint trial of a defendant and a co-defendant, the admission into evidence of the non-testifying co-defendant’s out-of-court confession violates the Confrontation…

Jim McElhaney, The Arsenal of Persuasion: Make your closing argument a really good story, ABA Journal, July 2009 Issue.

I’m not an expert I’m here as a teacher to help you understand some of the evidence and facts. Richard Gabriel, Redefining Credibility: Turning Expert Witnesses into Teachers, 21(3) The Jury Expert, May 2009. Frequently, however, [jury’s] are turned off by expert witnesses, who may resemble one of the following: Ivory Tower: arrogant and condescending…

NMCCA today issued an important published opinion setting aside a finding of guilty to distribution of child pornography under 18 U.S.C. § 2252A(a)(2). United States v. Craig, __ M.J. ___, No. NMCCA 200800716 (N-M. Ct. Crim. App. May 28, 2009). CAAFLog, 28 May 2009. AFCCA today issued a fascinating published opinion, which I’ve posted here.…

CAAF has decided United States v. Collier, __ M.J. ___ (C.A.A.F. 2009). This case presents the question whether the military judge erred in granting the government’s motion in limine prohibiting Appellant’s defense counsel from cross-examining HM2 C, the main Government witness, about an alleged homosexual romantic relationship between her and Appellant and from introducing any…

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…

I take some back, almost. Again I was looking at the NKO Criminal Law Division’s practice tips and I came across this one dealing with the ““Blackout” defense to alcohol facilitated sexual assault.” No, it’s not. This title implies that the accused has deliberately gotten the complaining witness drunk. This is not the case in…