According to the MJ ruling in a case I just completed in Korea, the Intoxilyzer SD2 is reliable if administered in accordance with its instruction manual and the applicable AR. However, at Camp Casey, Korea, they are not admissible. That is because the MP's do not conduct proper calibrations in…
There's an interesting case going on in (southern California of course) where the defense is seeking to offer. Defense attorneys are for the first time submitting a controversial neurological lie-detection test as evidence in U.S. court.digg_url ="http://blog.wired.com/wiredscience/2009/03/noliemri.html"; In an upcoming juvenile-sex-abuse case in San Diego, the defense is hoping to…
Federal Evidence Review has put up a very good list of Supreme Court cases that impact evidence issues in a case. The list "includes constitutional, statutory, and Federal Rules of Evidence – based evidence-related cases." The list is by its nature discretionary and subject to change, but a useful reminder. …
Every so often the defense wants a co-accused to testify because they have something beneficial to say and they have already said it at the Article 32, UCMJ, hearing. As we know, the prosecution almost never willingly immunizes the witness, and judges don't always force the issue. (Odd how that…
Rule 1102. Amendments. Amendments to the Federal Rules of Evidence shall apply to the Military Rules of Evidence 18 months after the effective date of such amendments, unless action to the contrary is taken by the President. On September 19, 2008, Fed. R. Evid. 502, a new evidence rule concerning…
There may be a legitimate question that the Intoxlyzer 5000 does discriminate against African-Americans. This test is in use throughout much of DoD. It seems at least worth researching and filing a Houser motion in regard to this technology if your client is African-American, and perhaps if the client is…
Here is an interesting CAAF grant in a Coast Guard case. No. 08-0719/CG. U.S. v. Webster M. SMITH. CCA 1275. Review granted on the following issue: WHETHER THE MILITARY JUDGE VIOLATED APPELLANT'S CONSTITUTIONAL RIGHT TO CONFRONT HIS ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT'S ONLY WITNESS, ON THREE…
Every now and again a client wants to object to giving a DNA sample once at the Brig. Objections based on religion, the First Amendment, the Fourth Amendment, and the Fifth Amendment, won't work. Pursuant to congressional authorization, the Federal Bureau of Investigation ("FBI") established the Combined DNA Index System…
This issue of journalists and privilege — and considerations of a Shield Law – is not new to military practice. A proposed privilege is circulating around Congress and other high offices. Here is a piece by Prof. Colin Miller of Evidence Prof Blog, writing this time for the Yale Law…
Prof. Colin Miller has posted on how to and who may authenticate a persons voice, Follow My Voice: Seventh Circuit Finds That Voice Authentication Doesn't Need To Be Done By An Expert. Federal Rule of Evidence 901(b)(5), which states that the requirement of authentication or identification as a condition precedent…