Court-Martial Trial Practice

One of my favorite bloggers, Professor Colin Miller has this: Arizona Rule of Evidence 801(d)(1)(A) provides that A statement is not hearsay if…[t]he declarant testifies at the trial or hearing…and is subject to cross-examination concerning the statement, and the statement is…inconsistent with the declarant’s testimony So, let’s say that an alleged victim gives a detailed…

No. 14-0134/AR. U.S. v. Brett M. GASKILL. CCA 20110028. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of United States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010), we note that the proper victim in Specifications 2, 3, and 4…

The CAAF has decided United States v. Moss. The decision involves jurisdiction to appeal to CAAF for a Soldier who was AWOL at trial, apparently AWOL at the time the case was heard at ACCA, and AWOL at the time her appellate defense counsel petitioned CAAF. Read the case. It may be wise for trial…

SCOTUSBlog notes the following criminal law related petitions at the Court which may – or may not – be granted tomorrow. Warger v. Shauers 13-517 Issue: Whether Federal Rule of Evidence 606(b) permits a party moving for a new trial based on juror dishonest during voir dire to introduce juror testimony about statements made during…

Despite Congress’s meddling with certain rules of evidence as a way to ensure convictions in sexual assault cases, we should consider that in almost every sexual assault case good character evidence will in fact be admissible and have a role. We are constrained to sustain the assignments which complain of the exclusion of testimony offered…

The Federal Defender at www.fd.org has some useful information, guides, updates, etc., etc., etc.

Once again one of my two favorite evidence blogs (federal evidence review) has published the annual “review” for 2013 and for 2014. Key Evidence Issues During 2013 1. Supreme Court Watch: Fifth Amendment (Self-Incrimination Clause): Kansas v. Cheever: Allowing The Government To “Follow” Where The Defense Leads On Defense Expert Mental State Evidence 2. Supreme…

I was over at ACCA today for the oral argument in United States v. Martin. As best I could tell CPT Martin was really drunk at the time of the alleged offenses. A cab driver who dropped him off apparently testified that “he was the most drunk person he’s ever seen,” or words to that…

1. The Prosecutor’s Responsibilities 1-1.1 Primary Responsibility The prosecutor is an independent administrator of justice. The primary responsibility of a prosecutor is to seek justice, which can only be achieved by the representation and presentation of the truth. This responsibility includes, but is not limited to, ensuring that the guilty are held accountable, that the…

It is unusual in military cases to have evidence of microscopic hair analysis. But, it’s worth keeping up on, just in case. Also, the point below is further substantiation of the National Academy of Sciences critique of forensic “science” evidence. A 2009 news release on the NSA report had this to say: A congressionally mandated…