Articles Posted in impeachment

So, let’s say that a witness answers a question during the Article 32, UCMJ, investigation, and then refuses to answer the same question at a subsequent trial? Does his answer at the Article 32, UCMJ investigation constitute a prior inconsistent statement under Rule 801(d)(1)(A)? Well, an Article 32, UCMJ, investigation is certainly an “other proceeding”…

Impeachment with conviction. Mil. R. Evid. 609(b) issues of impeachment with a prior conviction rarely come up at court-martial. But if there were to be a prior conviction there may be some interpretation necessary. So parsing several posts of Prof. Colin Miller the Great at Evidence Prof Blog, here we go. If you want to…

Professor Colin Miller uses an Alabama case to remind us that a prior misdemeanor conviction is not admissible under Rule 609(a). Under this Rule, then, it is clear that a party cannot impeach a witness through evidence that the witness has a prior misdemeanor conviction for a crime not involving dishonesty or false statement. But…

A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I just do’ attitude.]). NO, wrong.…

A constant pet frustration – lack of understanding of how to impeach. Let’s look at this from a common witness situation – the good military character witness. Witness: Blah, blah, blah. Witness: In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel: Now LTC Witness, you’re aware that the Private received an Article 15…

ACCA has issued an opinion in United States v. Trigueros, 68 M.J. ___ (A. Ct. Crim. App. 2010). [Post updated to address a CAAFLog point, to add some links, and try to fix some formatting.] This case involves the common problem of discovery of a victims mental health records. There are two troubling aspects to…

Here are the military justice related articles in the new Army Lawyer. Searching for Reasonableness—The Supreme Court Revisits the Fourth Amendment “I’ve Got to Admit It’s Getting Better”*: New Developments in Post-Trial The Impact of Melendez-Diaz v. Massachusetts on Admissibility of Forensic Test Results at Courts-Martial Armed for the Attack: Recent Developments in Impeachment Evidence…

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…