Yes, this season appears to be the one to address a number of lingering or ambiguous (or not so ambiguous) issues about Mil. R. Evid. 412. So, it seems apt that the last opinion for this season is out: United States v. Ellenbrock. We granted review to determine whether the military judge erred in applying…
Continue reading ›United States v. Sweeney. This is a Crawford-Blazier case. In the Blazier cases, we set forth a straightforward path for analyzing the admissibility of drug testing reports under the Confrontation Clause. . . . we hold that Appellant was denied his right to confront the witnesses against him, and we remand to the court below…
Continue reading ›The CAAF recently decided United States v. Baker, an Article 62 appeal of an MJ’s ruling suppressing an identification. There is quite a bit of legitimate research indicating that even 12 bishops might give an erroneous identification of a suspect either in witness interviews or through an out of court identification (photo or lineup). For…
Continue reading ›DOD Live has a piece from the Surgeon General of the Navy about “spice.” The Navy’s zero tolerance policy for drug abuse includes possession of substances or designated products that contain synthetic cannabinoid compounds, including Spice, fake marijuana or fake pot, herbal incense or potpourri, salvia divinorum, bath salts, Skunk, Genie, Blaze, Dream, Spike 99,…
Continue reading ›Air Force Times reports: More than half of the airmen tested for spice have had positive results, according to the Armed Forces Medical Examiner System. Military tests for the synthetic form of cannabis began in March, the same month the Drug Enforcement Administration issued a one-year ban on five chemicals used to make spice.
Continue reading ›On 8 November 2011, the U. S. Supreme Court will hear oral argument in a case with application to military prosecutions. Here is the SCOTUSBlog information for Smith v. Cain, No. 10-8145. Issue: 1) Whether there is a reasonable probability that the outcome of Smith’s trial would have been different but for Brady and Giglio/Napue…
Continue reading ›Stars & Stripes reports on United States v. Gray and other death penalty cases. In December 2008, former Army Pvt. Ronald Gray was on the brink of becoming the first military execution in almost 50 years. . . . But the week before Gray was to receive a lethal injection, a federal judge halted the…
Continue reading ›Sig Christenson at Military Reporters & Editors directs us to his piece at San Antonio Express News (of CAAF fame) about United States v. Hasan. I recall the time in another high-profile case where the post, on the East Coast, demanded that journalists sign a ground rules agreement prior to entering the courtroom. . .…
Continue reading ›Several cases have been decided by CAAF. United States v. Baker. Erdmann wrote for himself and Effron and Stucky, with Baker writing in dissent for himself and Ryan. This was action on a government appeal under Article 62, UCMJ. The ACCA reversed an identification suppression made by the military judge. Military Rules of Evidence (M.R.E.)…
Continue reading ›United States v. Gaddis was decided by CAAF. Here are two pithy comments on the decision, one by DMLHS, and one by Professor Colin Miller. Basically the opinion deals with the question of a complaining witness’s privacy. Many TC and some judges apply the balancing test focused on prejudice to the complaining witness’s privacy. As…
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