Articles Posted in Up Periscope

The ever excellent Federal Evidence Review has this nice summary and analysis of White v. Illinois. While here they report: Vacating cocaine distribution conviction and remanding because defendant’s trial included expert testimony by a witness about the contents of the drug identification analysis reported by a non-testifying expert, violating the Confrontation Clause; as the expert’s…

Here is a link to Executive Order 13593, in the Federal Register, dated 13 December 2011, which amends the MCM.

The Army Court of Criminal Appeals issued a Memorandum Opinion on 9 December 2011, in the case of United States v. Perterson. The opinion is worth reading for its discussion of prosecution over-reaching in aggravation witnesses, cross-examination of defense witnesses, and argument. The defense did not object to the prosecution argument, but as the opinion…

Navy Times has a tally of CO and senior enlisted firings for 2010 – 2011 to date. #2 on the list is CO, RLSO, Japan. Military.com has more on the firing and NJP of: A Navy skipper who lost his command this summer was fired in part for making his Sailors work on a Sunday…

White v. Illinois. Argument transcript. Professor Friedman. Here is a point from Professor Friedman about not presuming labs are as proficient as they say. I have no doubt that Cellmark runs very proficient labs. But blog reader Patsy Myers points out that if you do a search for “Cellmark falsified evidence” you come up with…

Navy Times reports: The commander of a deployed EA-6B Prowler squadron was fired late Thursday following an investigation into sexual harassment allegations, the Navy announced Friday. (Interesting, perhaps to Navy folks, the XO was allowed to take temporary command. Looking at the allegations and knowing the function of an XO in a Navy unit —…

let this never happen to me.

Politico is reporting: That 15 personnel were “disciplined” as a result of United States v. Manning. This appears to be partly based on a McClatchy piece. Wired reports that: The government is seeking to block Bradley Manning’s attorney’s attempt to call nearly 50 defense witnesses at a pre-trial hearing next week over the private’s alleged…

United States v. Goodman, Army. 4 (Stucky [W], Baker, Ryan, Effron), Dissent in part (Erdmann). No error in failing to address possible affirmative defense in GP case, because there was nothing inconsistent. Fosler remand (GP to indecent exposure and bigamy). United States v. Pierce, Army. Certified case. Ryan for a unanimous court. Computer crime case.…

Here is an interesting piece from North County Times about the lawsuit involving Carolyn Martin. Government admissions in the civil rights trial of a Southern California woman suing the Naval Criminal Investigative Service for harassment have sparked questions over whether the law enforcement agency overstepped its authority and engaged in domestic spying. CAAFLog has posted…