Court-Martial Trial Practice

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…

Here is a link to Volume 63, Air Force Law Review. There are two articles of interest to military justice practitioners. DEPOSITIONS AND A CASE CALLED SAVARD ……………………………….. 1 Colonel Mark L. Allred, USAF MULTIPLICITY: RECONCILING THE MANUAL FOR COURTS-MARTIAL ……………………………………………………………………… 23 Major Christopher S. Morgan, USAF

Here is a link to the Spring 2009 issue of The Reporter. There are three items of interest to military justice practitioners. JUDGE-ONLY SENTENCING: Judicial Power Grab? Major Brian M. Thompson CONVENING AUTHORITY ACTIONS: Why It’s More Important Than Ever to Get Them Right Major Jeremy S. Weber DISCLOSING CLIENT CONFIDENCES: Even a Casual Conversation…

Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but did not allow testimony that…

In another of a series of cases the Air Force Court of Criminal Appeals has decided a personal jurisdiction issue adverse to the accused. United States v. Blanton, ACM S31536 (A.F. Ct. Crim. App. 9 June 2009). Basically the issue relates to the “accounting of pay” part of whether an accused is properly discharged. The…

Oh well, back from vacation. Lot’s to catch up on. Here is an interesting article: Anthony E. Giardino, COMBAT VETERANS, MENTAL HEALTH ISSUES, AND THE DEATH PENALTY: ADDRESSING THE IMPACT OF POSTTRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY, 77 Fordham L. Rev. 2955 (2009).

I’m not an expert I’m here as a teacher to help you understand some of the evidence and facts. Richard Gabriel, Redefining Credibility: Turning Expert Witnesses into Teachers, 21(3) The Jury Expert, May 2009. Frequently, however, [jury’s] are turned off by expert witnesses, who may resemble one of the following: Ivory Tower: arrogant and condescending…