Court-Martial Trial Practice

Federal Evidence Review is one of many websites I review on a regular basis. The blog has, “noted how the lower courts continue to grapple with the application of the Confrontation Clause to expert testimony based on the lack of clarity from recent Supreme Court cases. See, e.g., Confrontation Clause: Continuing Uncertainty For Expert Testimony…

Yes is the simple answer. The harder answer is why, and how do you tell. As I always say, the first question to consider is motive. If you have a motive, a lot must follow to corroborate the motive. Here is an article from the FBI Law Enforcement Bulletin about, False Allegations of Adult Crimes.…

Prof Colin TG Miller has this post. In Crane v. Kentucky, the Supreme Court found that: “[w]hether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation Clauses of the Sixth Amendment, the Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense.” As I…

BAH/TAD fraud cases cane be complex for a lot of different reasons. But here is a reminder of one aspect from the Coast Guard Court of Criminal Appeals in, United States v. Peters. This is actually a common mistake by the prosecution when charging fake receipts, and when charging for multiple acts that are performed…

Some prosecutors get carried away with their mission and over over-egg their argument. In a winnable case it shouldn’t be necessary. If you’ve got a bad case, but get a conviction it may lead to reversal. Here’s another example. A Connecticut appeals court decided to send a message to a prosecutor accused of appealing to…

I posted a while back about the Texas prosecutor arrested and being prosecuted for Brady violations. Here is a link from Prof. Berman about The investigative journalism website ProPublica has now published another installment in its notable series of pieces concerning the problems of prosecutorial misconduct. The series is titled “Out of Order: When Prosecutors…

Here for the historians among us. Mutiny on the Bounty records.

Here is the FR.

Megan Scully at Roll Call. At last count, Defense Secretary Chuck Hagel said he had reviewed 10 separate bills addressing the problem of sexual assault in the military’s ranks. Here is a rundown of some of the legislation lawmakers are pushing on Capitol Hill:

Here is a piece about a former Texas prosecutor who has been arrested and is being prosecuted for Brady violations.