Court-Martial Trial Practice

Federal Evidence Review alerts us that: The Seventh Circuit is the first circuit to publish revised jury instructions based on the recent ruling Supreme Court ruling clarifying the burden to withdraw from a conspiracy in Smith v. United States, 568 U.S. _, 133 S.Ct. 714 (Jan. 9, 2013), which abrogated prior Seventh Circuit cases on…

Remember that under Mil. R. Evid. 1102, any changes to the federal rules become effective in court-martial practice 18 months after federal enactment, unless the President directs changes. So, federalevidencereview brings us: Public Comments Critical Of Proposed Amendment To FRE 801(d)(1)(B) (Prior Consistent Statement) (Part IV) Under what circumstances may prior consistent statements be considered?…

Prof. Colin Miller has an interesting post about application of Rule 412, under Texas law, as decided in Johnson v. State, 2013 WL 531079 (Tex.App.-Waco 2013). From Under the Shield: Court of Appeals of Texas Finds Rape Shield Rule Doesn’t Cover Alleged Victim’s Sexual Misconduct Texas Rule of Evidence 412 mimics the federal rule which…

No, not that Army running thing. Hash Values Used To Confirm Seized Video Clips And Images h/t federalevidence review

A cynic will remark that the government’s argument on an issue can be reduced to, “we are the government, we win.” I have noted that “talismanic incantations” from the government should be challenged as just that and the government should be challenged to actually lay out the evidence or specific theory to support their argument.…

The public comment period on a pending amendment to the business record and public record hearsay exceptions under FRE 803(6), (7), (8) expires next week on February 15, 2013. To date, there appears to be no opposition or controversy to the amendment as no public comments have been submitted. The pending amendment concerns the trustworthiness…

Michael H. Graham (University of Miami – School of Law) has posted two articles on “other crimes” evidence under Federal Rule of Evidence 404(b) on SSRN. The first is Other Crimes, Wrongs, or Culpable Acts, Fed.R.Evid. 404(B): ‘Defining’ a New Paradigm (Criminal Law Bulletin, Vol. 47, p. 998, 2011). Here is the abstract: Commentators addressing…

I was not surprised about the thoughts expressed in this survey. What did surprise me was the apparent extent of the feeling. http://www.washingtonpost.com/national/survey-male-marines-fear-false-sexual-assault-accusations-with-women-in-combat/2013/02/01/d906ee80-6cce-11e2-8f4f-2abd96162ba8_story.html

Eyewitness Memory for People and Events (Chapter 25) Gary L. Wells Iowa State University, Department of Psychology Elizabeth F. Loftus University of California, Irvine – Department of Psychology and Social Behavior January 16, 2013 Handbook of Psychology, Vol. 11, 2013, Forensic Psychology, Chapter 25, R.K. Otto and & I.B. Weiner (Eds), Hoboken, NJ: John Wiley…

In United States v. Lindsey, __ F.3d __ (8th Cir. Jan. 9, 2013) (Nos. 11–3485, 11–3513), the court found that notice of intent to use some 404(b) evidence was timely and reasonable. The notice was given twice, a year before trial and again earlier than 30 days from trial. In assessing the reasonableness of the…