Court-Martial Trial Practice

Welcome to the real world. Earl Kelly, Academy Justice Tilted Toward Women: Double Standard in Mid Sex Cases During Rempt Era, The (Annapolis) Capital, 17 May 2009. This issue is not limited to the Naval Academy. This is a natural all too predictable outcome of the pendulum shift. But the pendulum can swing too far,…

Here is a good case offered by Prof. Colin Miller, Under Construction: Ninth Circuit Resolves Interplay Between Rules Of Evidence 608 And 609, 17 May 2009. As the 9th and Professor Miller note this was a close issue. And here is another treatment of the case at FederalEvidence.blog,“Collateral Details” Of The Defendant’s Prior Conviction Results…

Here is the Federal Register for CAAF rule changes.

Wisconsin (five days before Weaver) finds GPS tracking reasonable under the Fourth Amendment, but it is troubled by it and urges the legislature to limit it. State v. Sveum, 2009 Wisc. App. LEXIS 343 (May 7, 2009). FourthAmendment blog.

The New York Court of Appeals decided Weaver v. People, No. 53 (May 12, 2009), holding that the NY Constitution prohibits the use of GPS transmitters on vehicles without a warrant, following other state courts analyzing the issue under their constitutions. FourthAmendment blog.

How To Write Your Brief So That The Judge Will Hate You

Here’s a new law review article to go along with my rants about how prosecution expert and forensic evidence can be biased, it’s difficult to deal with, and the system allows the problem. Volume 95, Issue 1 Brandon L. Garrett and Peter J. Neufeld, Invalid Forensic Science Testimony and Wrongful Convictions, 95 Va. L. Rev.…

The University of Pennsylvania PENNumbra has an interesting dialogue about plea bargaining, the unlimited unregulated powers of prosecutors, and those who might be innocent, but plead guilty anyway. There are three points of view. Of the most interesting seems to be that innocent accused’s may plea guilty to avoid a wrongful conviction and increased sentence…

We talk a lot about appellate issues and whether they should be raised. Of course in the military we have United States v. Grostefon. There is also talk about changing the post-trial process and possibly placing more responsibility on the trial defense counsel to initially raise appellate issues (a broadening of Palenius). So here is…

Andrew Taslitz has a comment on Concurring Opinions today: Government Lawyers’ Ethical Obligations and the War on Terror. This piece could apply equally to trial counsel and staff judge advocates, as well as defense counsel. The comment is about the current call(s) for action against the Bush administration lawyers and torture memos. These stories stress…