Articles Posted in Up Periscope

United States v. Jones. A convoluted case about the accused’s ability to review CP images in preparation for his providence inquiry. We conclude that the denial of the requests to review evidence under the circumstances of this case did not violate the Sixth Amendment because Appellant did not seek to review the evidence to prepare…

As federalevidencereview notes: [A]llowing a court to take judicial notice often presents a proponent of its use with a useful short-cut in proof of adjudicative facts. But it is important to draw a distinction between the fact noticed and the logical conclusion to be drawn from the fact. From time to time you will see…

On Friday, NMCCA decided U.S. v. Wuterich. More later, but: In response to Orders issued by this court, the respondents produced the required transcripts, relevant exhibits, and a sealed memorandum prepared by the military judge recounting an ex parte hearing he conducted with defense counsel on the severance issue. Having reviewed the record and pleadings…

Federal Evidence Review now has their annual retro and prospective reviews of noteworthy evidence issues for 2010 and 2011 online. Key Evidence Issues During 2010 1. Supreme Court Watch: Briscoe v. Virginia – Confrontation Clause – No New Guidance On Forensic Laboratory Analysis 5. New Rule: Amendment: Fed. R. Civ. P. 26: Expert Disclosure 6.…

To stay out of trouble. To work hard for you clients. Labor Department employment statistics released Friday show that young veterans continue to have serious and growing problems finding work in a tight job market, while older veterans are doing better than the general population. Thanx, Marine Times.

Good luck to any court-martialed sailor or Marine who is found guilty of violating the Uniform Code of Military Justice and tries to appeal. Luck is indeed what they may need, given the shortcomings of the appeals process cited by the Defense Department Inspector General. The IG released a damning report in December, slamming the…

Military.com reports: An Army appeals court on Friday declined to order that gruesome Afghan corpse photographs taken by Washington state-based soldiers be made public. Pfc. Andrew Holmes, of Boise, Idaho, is one of five soldiers at Joint Base Lewis-McChord charged in the deaths of three civilians in Kandahar Province last year. He filed a petition…

The newly revised UCMJ is here. Thanks to CAAFLog.

United States v. Stefan is a 5-0 opinion written by Judge Stucky. In a nutshell: We granted review to determine whether the chief of military justice was disqualified from preparing the addendum to the staff judge advocate’s recommendation (SJAR) because, before trial, she had caused the charges to be served on the accused. We hold…