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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…

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…

The CAAF held that there is no right of confrontation at sentencing. The other rules do apply, such as hearsay, unless you relax the rules (something I rarely if ever do). United States v. McDonald, 55 M.J. 173 (C.A.A.F. 2001); United States v. George, 52 M.J. 259 (C.A.A.F. 2000). The question in the title of…

Adam A. Field, Beyond Michigan v. Bryant: A Practicable Approach to Testimonial Hearsay and Ongoing Emergencies, 2012 IL. L. Rev. 1265 (2012).

Now that the current slew of confrontation cases are decided it’s time to regroup. Let’s start with my former evidence professor, Paul Gianelli (a former Army JA). Confrontation, Experts, and Rule 703 Paul C. Giannelli Case Western Reserve University – School of Law 20 J.L. & Pol’y 443 (2012) Case Legal Studies Research Paper No.…

Lyle Denniston at SCOTUSBlog has a preview of Perry v. New Hampshire. At 10 a.m. next Wednesday, the Supreme Court will hear one hour of oral argument on a case seeking clarification of when trial courts must exclude the testimony of an eyewitness to a crime because the testimony was unreliable. In the case of…

I don’t know that we’ve had this issue come up in military cases, but there’s a first time for everything. Plus this case highlights potentially confusing “tests” that arise from different courts. During oral argument in Kentucky v. King on Wednesday, the Court struggled to find the proper test for determining when police are prohibited…

United States v. Hutchins. Chief Judge Effron writes for a unanimous court. The Judge Advocate General of the Navy certified the case to this Court for review of the following issues: I. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING, INTER ALIA, THAT THE MILITARY JUDGE SEVERED THE ATTORNEY-CLIENT RELATIONSHIP WITH CAPTAIN…

Prof. Friedman links to the respondents’s brief in Bullcoming v. New Mexico.

Two Supreme Court grants of certiorari should be of interest to MJ practitioners. Here are links to SCOTUSBLog for the case materials. Missouri v. Frye Issue: Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel’s error in failing to communicate a plea offer,…