Court-Martial Trial Practice

The Best Of Everything: Fourth Circuit Erroneously Finds That Best Evidence Rule Doesn’t Apply In Firearms Appeal Federal Rule of Evidence 1002, the Best Evidence or Original Document Rule, indicates that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these…

What Are Your Intentions?: Sixth Circuit Finds No Plain Error In DEA Agents Drug Quantity Testimony Federal Rule of Evidence 704(b) provides that No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or…

Here is Gene Fidell’s comment on H.R. 569, which asks be named in honor of former Chief Judge Robinson O. Everett.

If you’re a lawyer looking for first-rate appellate CLE, then please consider registering for the DRI Appellate Advocacy Seminar, to be held November 5–6, 2009 in La Jolla, California (near San Diego), at the Hilton La Jolla Torrey Pines. the (new) legal writer.

The Volokh Conspiracy is reporting on an interesting obscenity conviction in the Fourth Circuit. The cautionary tale – do not blog, chat, email, or in any other way discuss through the internet your secret fantasy of what you’d like to do with a child sexually. Besides being a very very obnoxious, unwholesome, and disgusting idea,…

A reporter for The San Diego Union-Tribune will have to testify as a defense witness in a court-martial, a military judge ruled Monday. In his 12-page ruling military judge Cmdr. Kevin O’Neill rejected Rogers’s attempts to assert a First Amendment-based reporter’s privilege and protection under the California shield law. O’Neill said he did not need…

In prosecution for first-degree murder and for using a firearm in the commission of a crime of violence, testimony that defendant threatened two percipient witnesses at the scene of the crime were admissible under FRE 404(b) to show consciousness of guilt, in United States v. Begay, _ F.3d _ (9th Cir. June 1, 2009) (No.…

While we are all waiting with bated breath – now Denedo is out – for Melendez-Diaz, Professor Freidman has posted on an interesting Supreme Court of Michigan case interpreting Crawford/Davis. People v. Michigan, (Mich. 10 June 2009). Interestingly, the prosecution in the case asserted the statements of the victim were admissible as excited utterances, and…

United States v. Miller, __ M.J. ___, No. 08-0580/AR (C.A.A.F. June 10, 2009). Let’s get the nub of the case from CAAFLog’s summary. Judge Ryan writes for a unanimous court. The issue is “whether the Courts of Criminal Appeals, after finding the evidence factually insufficient to support a finding of guilty to a charged violation…

United States v. Weston, __ M.J. ___, No. 08-0594/MC (C.A.A.F. June 11, 2009). This is another of those competing consent/no consent cases. As is typical, the accused is held at NCIS and denies a consent to search his home. The enterprising agents rush of to the next room and get wifey to consent. As usual…