Court-Martial Trial Practice

The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court is an important one regarding…

NDAA National Prosecution Standards – 2nd Edition Download Publication This is the most recent version of the National Prosecution Standards by the National District Attorneys Association. The standards are currently being considered for possible revision and will soon be available for sale on this Web site. It is improper for a trial counsel to interject…

Assessing Malingering and Miranda Rights WaiverApril 24 (VA) If you want to get away from the cold and visit a pretty place, you might want to check out this excellent training down in Charlottesville, Virginia. Richard Rogers, whom most of you all know as a leading forensic psychology practitioner and scholar, is presenting this full-day…

Reference Manual on Scientific Evidence (2d ed. 2000), Federal Judicial Center. A third edition is in the works.

A little off message, but I suppose this item could be squeezed into previous posts about forensics. No longer “death by natural causes”: The Associated Press writes, “police and medical examiners who thought a man died of natural causes changed their minds after funeral-home workers found bullet holes in his head.” After realizing the mistake,…

The full agenda for this year’s Judicial Conference is now available on line.

United States v. Lopez-Medina, 461 F.3d 724 (6th Cir. 2006). Federal Evidence Review draws attention to this case on the issue of law enforcement testimony. The case involved drugs. In military prosecutions we have similar situations where law enforcement testifies about drugs. The circuit concluded that plain error resulted: “We conclude that permitting police officers…

Internal Exile: Collateral Consequences of Conviction in Federal Laws and Regulations, A Collaboration of the American Bar Association Commission on Effective Criminal Sanctions and the Public Defender Service for the District of Columbia, January 2009. The Introduction says: This study collects and describes the collateral consequences of a criminal conviction that arise under federal statutes…

In a cautionary tale, Prof. Colin Miller, If You Were In The Public Eye: Kentucky Court Finds That Third Party Statements Were Properly Excluded From A Public Report, EvidenceProf Blog, 24 February 2009. Professor Miller draws attention to a Kentucky case which has relevance to Mil. R. Evid. 803(4), the public records exception, and potentially…

The oral argument transcript is now available in Rivera v. Illinois.