You have heard me speak of secondary gain; a term used by psychologists which we lawyers call motive to lie. There are several motives to lie, United States v. Wetuski, AFCCA, presents two–to get out of trouble and to get an expedited transfer. Given the timing of A1C ME’s removal from military justice and the…
Continue reading ›No. 19-0467/AR. U.S. v. Charles E. Robinson III. CCA 20170536. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the sentence affirmed by the lower court appears not to conform to the terms of the pretrial agreement. In accordance with…
Continue reading ›Eve Brensike Primus, Disaggregating Ineffective Assistance of Counsel Doctrine: Four Forms of Constitutional Ineffectiveness. 72 STANDFORD L. REV. x (2020). For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as a problem for ineffectiveness claims…
Continue reading ›Anyone raising a UCI motion must be familiar with the Third Army cases and those that follow. United States v. Thomas, 22 MJ 388 (C.M.A. 1986), cert. denied, 479 U.S. 1085 (1987); see also United States v. Levite, 25 MJ 334 (C.M.A. 1987). Checkout United States v. Newbold, 45 M.J. 109 (C.A.A.F. 1996). Apparently NCIS…
Continue reading ›Military music will now be played before the U.S. Supreme Court. Grants in Briggs and Collins.
Continue reading ›A British article worth reading because it has application here. Akorede Omotayo, The Right to Silence – or the presumption of Guilt The right to silence is thought by many Judges and academics to be a constitutional right; which preserves Viscount Sankey’s presumption of innocence in Woolmington . For this reason, the legislative changes to…
Continue reading ›United States v. Scott., ordering a Dubay hearing. I could not find a subsequent opinion on the ACCA website, which could mean the Dubay hearing produced nothing noteworthy and the court proceeded to affirm the findings and sentence. CAAF has granted the following issue: No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration…
Continue reading ›Kate Judson knows too well that science and criminal justice can often be at odds. After working as a public defender in New Mexico, the attorney spent seven years with the Innocence Network consulting on child abuse cases involving shaken baby syndrome. For years, the diagnosis had been used to support allegations of abuse, but…
Continue reading ›On Wednesday the CAAF granted: No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issues: I. DID THE MILITARY JUDGE ERR IN…
Continue reading ›I have argued in a number of cases that the Service RPR provides greater obligations on TC beyond Brady-plus that requires more timely and broader obligations. http://www.abajournal.com/web/article/split-over-prosecutors-ethical-disclosure-duties-intensifies#When:13:30:00Z
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