I recently completed a trial in which various statements (of the client) were admitted, over objection, under Mil. R. Evid. 801(d)(2)(B): these were statements of a husband and the client. The husband’s statements weren’t admitted. Interestingly Professor Colin Miller has a series of posts on his blog about “adoptive admissions.” Adoption Stories: Can A Husband’s…
Continue reading ›Las Cruces Sun News reports: A colonel described by friendly witnesses as “old Army” listened during his court-martial on Tuesday as women testified he had sexually harassed them in 2010 while commanding a combat hospital in Afghanistan. The El Paso Times reports: a sentence of three month confinement and a fine of $30,000.00 (to be…
Continue reading ›Huuuuuum. Federalevidence.com brings us United States v. Fields, _ F.3d _ (1st Cir. Nov. 2, 2011) (No. 09-1108) (per curiam). .
Continue reading ›Air Force Times has a piece on the current litigation of Col Mo Davis and his lawsuit over his firing from the Library of Congress.
Continue reading ›Politics Wires has a piece on United States v. Fry to be argued this week at CAAF. Peninsula Daily reports: Coast Guard helicopter co-pilot who was the only survivor of a July 7, 2010, crash that killed three crewmen off the Washington state coast at LaPush will be questioned Dec. 7 in a public, trial-like…
Continue reading ›Lyle Denniston at SCOTUSBlog has a preview of Perry v. New Hampshire. At 10 a.m. next Wednesday, the Supreme Court will hear one hour of oral argument on a case seeking clarification of when trial courts must exclude the testimony of an eyewitness to a crime because the testimony was unreliable. In the case of…
Continue reading ›The Voice of America reports: A military court in the western U.S. state of Washington is set to try Calvin Gibbs, an American soldier accused of masterminding the brutal killings of Afghan civilians last year. Gibbs’ court martial is set to get under way on Friday. What I find interesting from a radio program intended…
Continue reading ›WAVY.com reports: A NAVSEA commanding officer was relieved of his duties permanently Oct. 25 for violating Article 133 of Uniform Code of Military Justice, “displaying conduct that is unbecoming of an officer and a gentlemen,” according to a press release. While Navy Times reports: The former commanding officer of the destroyer Momsen has been charged…
Continue reading ›Professor Friedman has posted several amicus filings for Williams v. Illinois. You can read the brief of the United States by clicking here. You can read the brief of 42 states, the District of Columbia, and Guam, all under the leadership of Ohio, by clicking here. The National District Attorneys Association has also filed a…
Continue reading ›Stars & Stripes reports: The Navy has thrown another skipper overboard. Cmdr. Joseph A. Nosse is the second commanding officer fired within a week — and the 20th this year. Army Times reports: The Army has trimmed 2 1/2 years off the 12 1/2-year prison sentence of a soldier with mental health problems who pleaded…
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