Court-Martial Trial Practice

Well, I use Wikipedia for research. But, I use it “in some limited situations . . . for getting a sense of a term’s common usage.” Fire Insurance Exchange v. Oltman & Blackner, Case No. 201004262-CA, 2012 UT App 230 (Utah App. 2012)(discussing the uses and reliability of Wikipedia as a source of information). See…

http://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-casehttp://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-case

Deciding what to advise an accused about deportation or sex offender registration is easy (isn’t it). But, Aguilar-Turcios v. Holder, might lead to a different conclusion. Justia.com Opinion Summary: Petitioner, a native and citizen of Honduras and a lawful permanent resident alien of the United States, petitioned for review of the Board of Immigration Appeals’…

1. None of the Supreme Court Justices Has Battle Experience, Andrew Cohen, The Atlantic. This is the first of a two-part series on the Supreme Court and the military. Today’s article focuses on the military history of the men who later became justices. Part II will focus on the disconnect between the current Court and…

Here is a link to Orin Kerr’s review of Fourth Amendment cases from the 2011 SCOTUS term.

Justice Scalia’s new book, “Reading Law: The Interpretation of Legal Texts,” is available. Here’s the puff piece from Amazon. In this groundbreaking book by best-selling authors Justice Antonin Scalia and Bryan A. Garner, all the most important principles of constitutional, statutory, and contractual interpretation are systematically explained in an engaging and informative style-including several hundred…

So, let’s say that a witness answers a question during the Article 32, UCMJ, investigation, and then refuses to answer the same question at a subsequent trial? Does his answer at the Article 32, UCMJ investigation constitute a prior inconsistent statement under Rule 801(d)(1)(A)? Well, an Article 32, UCMJ, investigation is certainly an “other proceeding”…

This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as paralinguistic and kinesic communications (all…

The July issue of The Jury Expert is now on-line. There are several items of interest to the trial practitioner. I was always told: Tell ‘em what you’re going to tell ‘em; Tell ‘em; Tell ‘em what you told ‘em; Sit down. But now there’s a different perspective about what is characterized as, “an old…

In trial of defendant for sexually abusing two minors, the admissibility of evidence that victims had made false accusation of sexual abuse against others was admissible, not under FRE 403, FRE 412, or 608(b), but rather under the Sixth Amendment Right to Confrontation, in United States v. Frederick, 683 F.3d 913 (8th Cir. July 5,…