Over the transom comes the petition in Perez v. Colorado at the Supreme Court. Whether, and to what extent, the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by a private party, notwithstanding a state privilege law to the contrary.…
Military prisoners may go on MSRP at their MRD unless going into parole. There are many conditions and some consequences for failure to follow the rules. With that in mind, we may need to pay attention and give some thought to: United States v. Haymond, decided today (26 June 2019)…
My first GCM involved eyewitness identification and a motion to suppress based on an improperly suggestive show-up when the client was arrested. He was handcuffed in the back of the police car and the armed robbery victim was brought to the police car and asked ”is that him” or words…
Let’s take a look at United States v. Criswell, a case decided by the Army adverse to the appellant, and now pending review at CAAF, on the following issue. No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the petition for grant of review of the decision of the United…
There is an excellent post at Volokh Conspiracy. Here’s the problem in a nutshell: So much at trial can turn on the testimony of a police officer. For a criminal defendant, life and liberty may depend on the ability to impeach the officer’s testimony. The federal constitution, as interpreted by…
Are you at a base overseas? Do you have foreign national witnesses or foreign language documents as evidence in your case? United States v. Aifang Ye, No. 12-10576 (9th Cir. 2015) may be of interest to you. The court held that the defendant’s argument that the government’s failure to call certain…
Under the “old” Article 32, the right to call and examine witnesses and to obtain production (discovery) of evidence was pretty robust. All Services except the Air Force and Coast Guard routinely recorded the audio of the hearing. That audio could then be transcribed into a verbatim transcript. The benefit to…