Articles Posted in Evidence

Thanks to Federal Evidence Review for a good summary of cases and issues involving 404(b) issues in federal courts.

I’m traveling to the USDB (and get to come home), so here are some hits. I follow fourthamendment.com blog every day. Here is part of his reference to Huntzinger, and CAAF’s pending oral argument. Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions from the CAAF, so I’m…

Here is a case from federalevidence.com: Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner,” _ F.3d _ (7th Cir. Jan. 12,…

Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth…matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel. In other words, police reports are not…

Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that: The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e). A summary court-martial may not be used to impeach under this rule. There…

Eyewitness Identifications and State Courts as Guardians Against Wrongful Conviction Sandra Guerra Thompson University of Houston Law Center Ohio State Journal of Criminal Law, Forthcoming University of Houston Law Center No. 2010-A-1 Abstract: Despite a growing awareness that mistaken eyewitness identifications contribute significantly to wrongful convictions, most courts continue to apply federal due process criteria…

Prof. Collin Miller has this item on his blog which is an excellent reminder about objections – an issue for the defense much more than prosecution. You’ve seen it a million times in legal movies and TV shows. A lawyer asks a witness a question, opposing counsel stands up and exclaims, “Objection, your Honor,” and…

With a seasonal title, Prof. Colin Miller reminds us of a particular caution when seeking to admit statements of a co-conspirator – the statements have to be made before the crime is committed. There should be the same impact in a court-martial prosecution under the UCMJ. Prof. Colin Miller, Later On, We’ll Conspire: Court Of…

Here I’m talking about limiting instructions at court-martial, not alleged curative instructions. A limiting instruction is appropriate where evidence is admissible for one or more purposes, but is also inadmissible for one or more purposes. Here is a reminder from federalevidence blog of how that works. In multi-defendant cocaine conspiracy trial, FRE 105 was satisfied…

I have previously noted the First Circuit’s criticism of prosecutors calling police to set the “context” of an investigation. The view being that’s it’s an attempt to have the police testify to a whole lot of inadmissible evidence and hearsay, and prejudice the members. The same issue should be avoided and objected to in a…