Articles Posted in Worth the Read

Frederic Bloom, Character Flaws. 89 U. COLORADO L. REV. 1101 (2018). Character evidence doctrine is infected by error. It is riddled with a set of pervasive mistakes and misconceptions—a group of gaffes and glitches involving Rule 404(b)’s “other purposes” (like intent, absence of accident, and plan) that might be called “character flaws.” This Essay identifies…

The CGCCA is now posting appellate briefs in pending cases. An excellent additional resources for trial and appellate counsel. https://www.uscg.mil/Resources/Legal/Court-of-Criminal-Appeals/Court-of-Criminal-Appeals-Appellate-Briefs/

As for SPC KP [a witness to the alleged MSA], our doubts about her testimony are many. First, several witnesses shared their low opinion of SPC KP’s character for truthfulness, as well as SPC KP’s low reputation within the unit on this important trait. Second, SPC KP had a motive to fabricate, as the trauma…

Comment on Carissa Byrne Hessick, The Expansion of CP Law. 21 NEW CRIM. L. REV. (coming soon). As military defense counsel, we have had to deal with and address the “expansion” of CP into what is often referred to as erotica. Ms. Hessick notes an expansion of CP law to cover possessing images of children…

This Court unequivocally endorses the Supreme Court’s observation that “[f]ederal courts have an independent interest in ensuring that … legal proceedings appear fair to all who observe them.” Wheat v. United States, 486 U.S. 153, 160, 108 S. Ct. 1692, 100 L. Ed. 2d 140 (1988). United States v. Boyce, 76 M.J. 242, 253 (C.A.A.F.…

Discovery Request 13 Aug 2012 Tripler Response to Discovery 20 Aug 2012 Supplement Discovery – Continuance Request 12 Sep 2012 Government Response to Discovery 16 Aug 2012 Gov Response to Defense Motion to Compel Discovery

Once the MCIO gets a “confession” or DNA in a sexual assault case, it seems, they stop investigating–bad. Whether you have DNA or not–whether you are trial counsel or defense counsel–gathering non-DNA evidence can be vital to your case. Complaining witness says she and accused were at a bar drinking and the accused later took…

(cleaned up) Yes, back in 1976 I got my Bluebook and throughout the three years of law school, it was a regular reference. Ah, but it continues to be a daily tool–for motions, briefs, and such. I fear one day I’ll Bluebook a conversation with a relative or friend in everyday conversation. One of the…

Those of us who engage with discharge reviews, correction boards, and federal court on behalf of service-members are used to reading about the presumption of regularity–it’s a regular defense by the gubmint to an applicants claim. “I was improperly discharged.” A: “We can’t find any record of your discharge. Because of that we consider you…

“An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.” The accused has the burden to establish that…