Articles Posted in Up Periscope

In United States v. Olguin ___ F.3d ___ (5th Cir. 2011), the court determined that certified business records were properly admitted where the documents had been provided the defense about six months before trial and the prosecution gave written notice five days before trial of the intent to offer under Fed. R. Evid. 902(11). Thanx,…

Many Navy bulkheads have that stuck up somewhere in jest. But, as Professor Berman reports, Salon has a piece about a new book authored by Peter Moskos, “In Defense of Flogging.”

Navy Times reports: An officer fired from command of a mine countermeasures ship two years ago after a bruising inspection has won an appeal, a Navy spokeswoman confirmed, in what might be the first case in decades of a firing being overturned.

North County Times is reporting the indefinite delay of United States v. Wuterich, due to “wrangling” over lawyers. Washington Blade reports: A Senate defense panel late Thursday approved major Pentagon budget legislation lacking anti-gay provisions found in the House version of the bill, although questions remain on whether amendments related to same-sex marriage or “Don’t…

How often does the prosecution proffer evidence and then when challenged make a formulaic and broad talismanic incantation of “admissibility.” (Or according to the M-W dictionary: trying to produce a miracle by incantation.) When the defense objects to certain evidence or testimony it is perfectly proper for the prosecution to say Mil. R. Evid. 404(b),…

Clarifying the Implied Bias Doctrine: Bringing Greater Certainty to the Loir Dire Process in the Military Justice System

It is not unusual for possessors and receivers of CP to be placed on probation as the result of a state court conviction. Here Professor Berman reports: Regular readers are familiar with persistent complaints about the severity of the federal child porn guidelines and the frequency with which federal judges impose below-guideline sentences in cases…

Professor Colin Miller has a good piece on fingerprint evidence. Professor Miller recommends that: if you are looking for a solid case that delves into many of these topics, you could do a lot worse than the recent opinion of the United States District Court for the Southern District of California in United States v.…

After a quick trip behind the barricades at RLSO San Diego a few catch up items. BTW, as much as I complain how difficult it is to use the locked down courtroom at San Diego, the funniest bit this time was to see that the TC had the same problem. Twice during our 39(a) the…

. . . in more ways than one. Military.com reports that: The commanding officer of the fast attack submarine USS Connecticut was fired Monday after an investigation into the mishandling of classified information. Navy Times reports that: The commanding officer of the medium-endurance cutter Diligence was fired Tuesday by the Coast Guard’s Atlantic Area commander,…