Court-Martial Trial Practice

Here is a fascinating article and it references CAAFLog. Lee has concerns about the potential for bloggers to impact the outcome of a case. She even suggests that advocates may go so far as to “game” a case, by writing publicly about it in a blog to spur the Court to grant cert or rule…

I frequently find myself objecting to or submitting in-limine motions about law enforcement testimony on how they got involved in the investigation. That testimony usually has a lengthy recitation that includes inadmissible hearsay from people, alleged victims, alleged co-accuseds, other law enforcement personnel. You have multiple hearsay, 401, and 403 objections. Here’s how the state…

CAAF has issued their opinion in United States v. Delarosa, __ M.J. ___ (C.A.A.F. 2009). In this case the appellant was initially prosecuted in state court. As a result of a granted suppression motion the state prosecution was dismissed. It appears the state court judge found the civilian police did not “scrupulously” follow the suspects…

DOJ has dropped its appeal and Watada will not be retried because of double jeopardy concerns. Here is a more detailed SeattlePI.com report.

There will be no more oral arguments this term. The “watch” now relates to two pending decisions of importance to military justice practitioners. The most important is when will the Supremes issue an opinion in Melendez-Diaz. Currently the law in the military for admission of forensic reports is Harcrow (for which M-D is on point).…

Here is a follow-up on a proposed change to Fed. R. Evid. 804(b)(3), a good recommendation. On April 23-24, 2009, the Advisory Committee on Evidence Rules, of the U.S. Judicial Conference, recommended a proposed amendment to Evidence Rule 804(b)(3). The proposed amendment would clarify that the corroborating circumstances requirement under the rule applies to statements…

May 8, 2009 JOBS for JAGS Seminar Presented by the Pentagon and DC Chapters of the FBA, the Federal Career Service and Young Lawyers Divisions of the FBA, and the Judge Advocates Association Location: Army and Navy Club, Washington, DC This full-day event is designed for junior and senior military attorneys transitioning from active duty…

The Pentagon Chapter of the Federal Bar Association will be throwing an end of oral argument season bash — though, as it turns out, about a month before the final CAAF oral arguments. The festivities will be held at CAAF at 1500 on 27 May 2009. Beverages and light refreshments will be served. All members…

Here’s a NY Times opinion piece with various positions on the current don’t ask, don’t tell policy.

Restyling The Federal Rules of Evidence (Part III).