Articles Posted in Up Periscope

Now here is something useful for the policy makers, and by extension defense counsel. Center for Prosecutor Integrity to Establish ‘Registry of Prosecutorial Misconduct’

The Army will soon begin mandatory discharge processing for any Soldier or officer convicted of a sexual assault. There is no bar to how far they will go back in the persons career, and also it appears it will not matter if the person was allowed to reenlist. Separation proceedings for the soldiers will be…

CrimLawProfBlog brings a link to a summary of last year’s criminal law cases at the Supremes. The Supreme Court 2012 Term was one in which the Court tackled several of the most critical issues that arise in our criminal justice system. Perhaps most importantly, as the 50th Anniversary of the Court’s decision in Gideon v.…

A little off topic, but still a useful reminder for drug or DUI cases in the military. From the L.A. Times: Crime lab officials said the “human error” occurred over nearly five months and led to mistakes in the forensic examination of blood alcohol content. But they insist the miscalculations were so few that they…

The aftermath of Tailhook is well documented, as is the connection to potential fallout to the innocent. See Kingsley R. Browne, Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse Than The Disease, 14 DUKE L. J. GENDER & POL. 749 (2007). http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1128&context=djglp

Not an uncommon trial counsel theme when a client has testified. Recently, the Fourth Circuit considers a prosecutor’s closing argument based on the trial evidence in which the defendant “lied” under oath; circuit notes again that this argument is improper, although the error in this case did not constitute plain error, in United States v.…

Be it context, or something else such as human lie detector testimony, prosecutors often seek to go too far with law enforcement testimony. Second Circuit highlights two important issues concerning law enforcement testimony: first, an officer may not provide lay testimony that is based upon “specialized training and experience”; and second, expert opinion testimony is…

Does this happen – has it happened to you? The complaining witness has a Facebook or other social media page, or texts on their phone, or emails — and they complaining witness decides to delete them (or does so because law enforcement or a “victim advocate” tells them to). Why is this not spoilation of…

After an extensive investigation involving numerous intercepted recordings, to what extent can an agent provide opinion testimony about the meaning of the recordings? In reversing a conviction for a murder for hire conspiracy, the Sixth Circuit joins five other circuits (Second, Fourth, Eighth, Ninth and D.C.) in disallowingFRE 701 to permit an investigating officer to…

A trial is intended to be a win at the trial level. Good trial lawyers never litigate just for an appeal, but at the same time must remember to preserve error for appellate review in case. The Military Rules of Evidence allow for admission of obectionable hearsay (evidence) in some situations. Usually that is a…