Court-Martial Trial Practice

United States v. Arrington, 296 Fed. Appx. 646, No. 08-4018, unpublished op. (10th Cir. 14 October 2009). The estranged wife of the accused had no actual or apparent authority to consent to a search of the accused’s hotel room. This was so even though the room was rented in the wife’s mother’s name and the…

Here is a link Argument Preview: Jury selection dynamics, SCOTUSBlog, 21 February 2009 – more later perhaps.

The prosecution of civilians at court-martial has been an interesting development since the Article 2(a)(10), UCMJ, changes. For a little background see the earlier musings on this topic. There has been only one private contractor ever indicted by the Department under MEJA for any sort of physically abusive or violent crime – Aaron Langston of…

First Person Civilly Committed as Sexually Dangerous Person Under AWA, Sex Crimes blog, 13 February 2009. Professor Yung is reporting an event reported to him. This is worth reading. I’ve had at least one prior child pornography client picked up while on parole for hanging around children in a local child’s play-park. To commit an…

United States v. Fisher, ARMY 20080012 (A.Ct.Crim.App. 20 February 2009). This case was submitted on its merits. After a review, the court specified two issues, both of relevance to trial advocates and military judges. After finding error, the court found no relief warranted because the error was not prejudicial. We have addressed something similar in…

Karen Franklin reports a “guest” piece, by Prof. Mnookin, Professor and Vice Dean, UCLA Law School. See actually, Jennifer L. Mnookin, Clueless ‘science,’LA Times, 19 February 2009. The article is about the congressionally funded National Research Council report on forensic science (look to my earlier posts). Several points that have been on my mind for…

Prof. Colin Miller, The Bloodhound Gang: Detroit Free Press Article Addresses Admissibility Of Bloodhound Tracking Evidence, EvidenceProf Blog, 19 February 2009. Professor Miller notes the majority rule that courts generally admit evidence that bloodhounds tracked down a defendant. The minority rule is that such evidence is per se inadmissible because: (1) the actions of the…

There has been much discussion about electronic filings in military appellate litigation. Some of that has been generated because of how civilian courts operate electronically. And of course, more recently as a result of the supposed missed deadline brouhaha in United States v. Rodriguez. CAAFLog has much information on these two issues (if my link…

What do you do if you have government sponsored or endorsed “science” that helps catch thieves, cheats, and liars, and other scientists question the validity of your science — you threaten a lawsuit for libel. Professor Tillers has picked up on the interesting topic of voice analysis as first raised on Deception blog. He’s noted…

Those with an interest in forensics have been waiting for the much touted National Research Council report on the state of “forensic science” in the U.S. The National Association of Criminal Defense Lawyers has this to say: Finding an inconsistent system rife with “serious deficiencies,” lacking practitioner and laboratory independence, standards, oversight, and certification, the…