United States v. Brasington, ARMY 20060033 (A. Ct. Crim. App. 5 October 2009). On 10 September 2008, our superior court granted appellant’s petition for grant of review on the following issue: WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY…
Monday will have the first oral argument of this term in a case relating to criminal law and procedure. Here’s the reminder from the LawProfBlog. Monday, Oct. 5 Maryland v. Shatzer: limits on police questioning after a suspect asks for a lawyer ScotusWiki summary Testing the Outer Limits of the…
Here is a good post from FederalEvidence blog. Inadvertent Disclosure Under FRE 502(b) Not Shown By Failure To Assert Privilege Promptly Court denies motion to compel return of e-mail message after concluding the disclosure was not inadvertent under FRE 502(b) since defense counsel “had ample opportunity to discover and assert…
This is the headline of an article by John Ramsey in the Fayetteville Observer, 28 September 2009. There are plenty of other articles coming out because of the interest in the case. An Army sergeant charged with involuntary manslaughter asked this morning for a jury made up of one-third enlisted…
This is the name given to statistical errors that can arise when deciding the probability that a DNA sample is that of the accused. This is potentially more meaningful than usual to Troy Brown who was convicted of sexual assault and attempted murder. He has a twin brother. This transposition…
Check out FederalEvidenceReview blog.
The proposed amendment to FRE 804(b)(3) will be transmitted to the Supreme Court for its review with a recommendation from the U.S. Judicial Conference that the Supreme Court approve and transmit the proposed amendment to Congress. Under Mil. R. Evid. 1102, if approved the change will become effective in courts-martials…
Did Iraq veteran’s PTSD spark his shoplifitng charge? By Julia O’Malley | Anchorage Daily News. Do you have client accused of shoplifting, a senior officer or senior enlisted perhaps, a really good person who no-one would have imagined as stealing from the Exchange? Can you explain that? For some years…
I’ve already noted that Briscoe is a very interesting follow-on to Melendez-Diaz about the use of forensic analysis reports at trial where the chemist is not called as a witness. See here, here, and here. Here is a link to the Brief just filed on behalf of the 07-11191 Briscoe…
Here is a commentary from Prof. Colin Miller on his blog I love to read about Wuterich. He begins: All but two states have some type of reporter's privilege. Similarly, most federal courts have recognized some type of reporter's privilege as well. But what about military courts? Well, to this…