Court-Martial Trial Practice

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…

The ACCA has issued an unpublished opinion in United States v. Barnes. We all of us have dealt with the client who wants to – and should – plead guilty to some offenses, but he tells you he was so drunk at the time he remembers nothing, or at least very little. Now what, can…

In my view it’s all too easy for emails to be authenticated in courts. Emails can be spammed, altered, and a lot of other things, including cut-and-paste which is all too common. Here is a note from Prof. Colin Miller about a case* in Texas that appears to take a somewhat decent approach in questioning…

This article takes a closer look at the Duke Rape Case by analyzing the book Institutional Failures, a collection of essays that testifies to the immense damage wrought by the failure of three systems of control: the University, by failing to protect its students from a mob demanding quick justice; the media, when it reflexively…

The nation’s crime labs are no strangers to scandal. Last year in Massachusetts, bogus testing by former chemist Annie Dookhan called into question tens of thousands of cases and led to the release of more than 300 people from the state’s prisons. There are currently no uniform standards or regulations for forensic labs. Congress could…

it almost always does – if the error was harmless. federal evidence review blog brings a reminder as follows: What are the limits in which a trial court may examine witnesses under FRE 614? The Third Circuit recently assessed the boundaries of a judge’s questioning of witnesses in a case involving a defendant who represented…

Intriguing. Does military search and seizure depend upon and have to follow state law, even if it is a “federal” officer doing the searching and seizing? This Article argues for a model of the Fourth Amendment – the contingent Fourth Amendment – that courts and commentators have overlooked. It asserts that the only common-law rules…

The ever sentient Prof. Colin Miller brings us a good reminder to be careful, at his evidence prof blog. Federal Rule of Evidence 410(a)(4) states as follows: (a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea…