FederalEvidence blog has this update on the status of a reporter privilege. As commented earlier, under Mil.R. Evid. 1103, any new evidence rule will become applicable to court-martial cases. After many weeks of being listed on the Senate Judiciary Committee business calendar, on December 10, 2009, the Senate Judiciary Committee…
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…
I have done several posts on this blog (here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed. My general sense is that most courts allow such expert testimony although a decent number of courts,…
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…
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…
Here’s a case discussing access to mental health records of a primary prosecution witness. This was a due process and confrontation case. Here, as is not an infrequent issue, the prosecution succeeded in having damaging information about their witness excluded. The prosecution then went on to give an “incomplete and…
Professor Colin Miller at Evidence Prof blog draws attention to a Wisconsin Law Journal article about a proposed change to Fed. R. Evid. 804. In September, the Judicial Conference of the United States adopted the recommendation of the Advisory Committee on Evidence Rules to amend Federal Rule of Evidence 804(b)(3)…
At a September 2009, meeting the Federal Rules Committee approved and forwarded a number of changes to federal practice. Of note to military practitioners, about 2 years from now, is Fed. R. Evid. 804 and its changes. I say that long because Mil. R. Evid. 1102 doesn’t require adoption until…
Since 1 October 2009, NMCCA has issued four new opinions. Here is United States v. Holmes, __ M.J. ___ NMCCA 200800501 (N-M Ct. Crim. App. 8 October 2009)( a Judge Meeks case of Wuterich fame). The other cases are sentence appropriateness and the usual administrativa. The appellant’s sole assignment of…
Thanks to CAAFLog, here is a link to the above report. Here are the most pertinent sections affecting military justice trial practitioners. SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. 1. Prior to administrative discharge a…