There appears to be a split shaping up between the circuits over the use of a surrogate to introduce autopsy reports. Thanks to federalevidence.com here are the basics. [Are] autopsy reports are admissible under the Confrontation Clause. The First Circuit has held that autopsy reports may be admitted without the testimony of the report author…
Continue reading ›Oooops, I meant H.M. the Queen v. Delisle. The Winnipeg Free Press reports on a cross-border military justice case. It begins, Putting an accused navy spy on trial represents a potential legal and intelligence nightmare for the . . . government, one where it will have to resist the temptation to dispense justice in secret,…
Continue reading ›Registration for the Virginia CLE 42nd Criminal Law Seminar, is now online. You can attend live on 3 or 10 February. Note, VA will begin requiring a number of hours be live. They are cutting back on getting the full 12 online. The USCAAF Judicial Conference is scheduled for 7 – 8 March 2012. Hopefully…
Continue reading ›The NMCCA continues to pump out the Fosler cases with affirmances. But today there’s an interesting opinion in a urinalysis case. United States v. Alicea It’s unpublished. It’s about the use of documents and testimony from an expert about a urine sample tested by the Navy drug lab. NMCCA found the military judge abused his…
Continue reading ›Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has this interesting post, “Why Can’t Jurors Distinguish “Knowing” From “Reckless” Misconduct?” Recently, The National Law Journal carried a story about an important gap that has emerged in…
Continue reading ›Fayobserver reports that as of 09012012: Nearly 11 weeks after a panel of judges heard arguments in Timothy Hennis’ appeal, a decision still has not been made. El Paso Times reports: A Beaumont laboratory technician was confronted on Tuesday by a teenage family member who said he had sexually abused her since she was 5…
Continue reading ›(Sans TinyURL) Smith v. Cain is of importance to military practitioners because of the always issue of access to “CID” notes and case files. This is a case about discovery. Apparently the investigators’ notes contained conflicting information to that testified to by the star prosecution witness. The Supremes issued an opinion in Smith v. Cain…
Continue reading ›Week Ahead. LA Times reports that a panel of two officers and four enlisted have been selected for United States v. Wuterich. Merits to begin Monday. Week Behind. Ledger-Enquirer reports: One of five soldiers accused in the downtown beating of a former soldier was acquitted Wednesday during a court martial at Fort Benning. United States…
Continue reading ›NMCCA has pumped out quite a few opinions recently. The trend of affirming GP Fosler cases appears to continue. And as to the remanded Fosler GP trailers you will be seeing this language. Regarding the remanded question, we again affirm the findings of guilty, pursuant to the appellant’s pleas, for the reasons set for in…
Continue reading ›No. 10-0649/AF. U.S. v. Dean E. THOMPSON. CCA 37380. Review granted on the following issue: WHETHER APPELLANT RECEIVED POST-TRIAL INEFFECTIVE ASSISTANCE OF COUNSEL AND APPELLANT HAS MADE A COLORABLE SHOWING OF POSSIBLE PREJUDICE. The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to…
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