“That the power to prosecute is a fearsome thing, and, when employed as political tool, is the quick road to tyranny.” Bill Otis, Politics & Prosecution, a Toxic Brew, 16 August 2014. I am not a libertarian, but I am one of the defense counsel and independent liberals Mr. Otis will frequently berate, sometimes with…
Continue reading ›Prof. Colin Miller, one of my favorite bloggers on evidence, addresses a best evidence issue raised in People v. Haggerty, No. 129, (N.Y. 2014). Haggerty was accused of defrauding Mayor Bloomberg. During presentation of the prosecution case they called a witness to testify about the contents of a trust fund through which the fraud was…
Continue reading ›Riley v. California. An important ruling today.
Continue reading ›If you are concerned or unhappy with the high rate of “affirmed” – often without relief – U.S. courts-martials, perhaps you should consider moving to India. My good friend and colleague Gene Fidell at globalmjreform.blogspot.com/, reports on the 90% rate of reversal of court-martial convictions. Further to yesterday’s post this article from the Times of…
Continue reading ›Most are now familiar with the NMCCA decision in United States v. Howell. In that case, compared to several others, the court found there was UCI affecting the trial and granted the appeal in Howell’s favor. Howell is not out of legal jeopardy, because the court decided: A rehearing may be ordered. And it is…
Continue reading ›I posted at CAAFLog about a search conducted in the defense counsel offices at Camp Pendleton. Here Marine Corps Times reports some of the fallout, including it looks like one of the photos we put up on CAAFLog. In the wake of a controversial search of Camp Pendleton, California, defense attorneys’ offices by military investigators,…
Continue reading ›I have commented before that an Appellant sometimes gets a grant on a Grostefon issue, and sometimes wins something. Unfortunately for Cerion R. ALLEN, he got a Grosty grant, but the victory was Pyrrhic. No. 14-0519/AR. U.S. v. Cerion R. ALLEN. CCA 20120742. On consideration of the petition for grant of review of the decision…
Continue reading ›The ACCA has issued an unpublished opinion in United States v. Barnes. We all of us have dealt with the client who wants to – and should – plead guilty to some offenses, but he tells you he was so drunk at the time he remembers nothing, or at least very little. Now what, can…
Continue reading ›Federal Evidence Review is one of many websites I review on a regular basis. The blog has, “noted how the lower courts continue to grapple with the application of the Confrontation Clause to expert testimony based on the lack of clarity from recent Supreme Court cases. See, e.g., Confrontation Clause: Continuing Uncertainty For Expert Testimony…
Continue reading ›Here is an interesting little piece. The outbreak of violence by individuals who seek to harm other persons or institutions cannot be reliably predicted today, the Defense Science Board said in a new report to the Secretary of Defense. Instead, efforts to counter violence should focus on prevention and mitigation of the threat. The DSB…
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