Articles Posted in Up Periscope

EvidenceProf blog reports on Commonwealth v. Patterson, 2011 WL 1520025 (Mass.App.Ct. 2011). It is not very often that a defendant claims that a criminal prosecution violated both his Second Amendment and Sixth Amendment rights, but that was exactly the case in Commonwealth v. Patterson, 2011 WL 1520025 (Mass.App.Ct. 2011). Here’s the confrontation point. The defendant’s…

Yes, I know we’re all tired about hearing of this case, but: Washington Wire reports: The White House today posted on its blog a copy of President Barack Obama’slong form birth certificate from the State of Hawaii, along with copies of an April 22, 2011 letter from Mr. Obama’s lawyer requesting that the Hawaii State…

Outside the Wire reports: A spate of high-profile violent crimes committed by Fort Drum, N.Y. soldiers, is being blamed on an increase in population and not combat stress, the Watertown Times reports. Navy Times reports: Naval Medical Center San Diego admitted 15 sailors over a five-month period last year for use of a synthetic drug…

Here is the January edition of Army Lawyer. Simplifying Discovery and Production: Using Easy Frameworks to Evaluate the 2009 Term of Cases Researching Current and Historical Legislation Using THOMAS

CAAF has issued its opinion in United States v. Beaty. Basically the court holds that the maximum punishment for possession of child pornography in cartoon, virtual, or anything other than real life is four months and a similar term in forfeitures. The federal statute does not criminalize such conduct therefore there’s no federal punishment for…

When arguing for admission of MRE412 evidence, counsel should make sure the MJ knows she can give a limiting instruction. And for that matter trial counsel should definitely ask for one. The appellate courts regularly approve of limiting instructions when it’s the accused having bad evidence or erroneous evidence introduced against them. See e.g. United…

Here’s Admiral Harvey commenting on the USS PONCE (LPD) case. Listed in a piece is a summary of the prior DFC’s this year: USS THE SULLIVANS- Multiple operational incidents culminating with a buoy collision that damaged the port screw while deployed. USS JOHN L HALL – Collision with a pier while deployed USS TRUXTUN –…

Federalevidence blog notes the case of United States v. Cioni, __ F.3d __ (4th Cir. April 20, 2011) (No. 09–4321). This is a reminder of some limits placed on the application of Mil. R. Evid. 412. [T]he circuit found that the trial judge erred in applying the shield to a case not involving charges of…

Thanks to CAAFLog here is a magistrate judge opinion regarding some DUI cases at Quantico. Basically, the current practice at Quantico is that a military person who gets caught for DUI on base is offered NJP. After that, the SAUSA (a Marine JA assigned at Quantico) then prosecutes the case in federal court. Seems pretty…

PFC Holmes is trying to follow in Wagnon’s footsteps, the Boise Weekly reports. I did see this as a little curious: A forensic pathologist testified for the defense today that photos of the victim’s body did not conclusively link shotgun wounds to Holmes’ machine gun. I would hope that to be the case. But probably…