Patrick Clayborn, Pre-court-martial hearing held for Fort Rucker soldier, 11 February 2009. So called shaken-baby cases can be difficult. The evidence of nexus between acts alleged and injury or death can be ambiguous and subject to interpretation, or in some cases overpowering. There are several cases worth reading in this…
Articles Posted in Evidence
Rules of evidence or political expediency?
Colin Miller, Into The Dawn To Montana: Montana Moves Closer To Adopting Sex Crime Character Evidence Rules, 9 February 2009. A reminder that rules of evidence are in many instances political responses, not reality.
Confrontation
Check out, Island Justice: Guam Supreme Court Opinion Reveals Important Hearsay & Confrontation Clause Principles, Professor Colin Miller, Evidence Prof Blog, 7 February 2009. They discuss an interesting case of an assault victim. It was six days before police could interview her, and she was interviewed a second time after…
Forensic reliability?
Solomon Moore, Science Found Wanting in Nation's Crime Labs, N.Y. Times, 4 February 2009. John Eligon, New Efforts Focus on Exonerating Prisoners in Cases Without DNA Evidence, N.Y. Times, 7 February 2009. Criminal justice experts say exonerations have shed light on two circumstances once thought to be extremely rare or…
Death is Different
C.A.A.F. has DNA on its conference agenda. In a post-conviction access to DNA evidence case: The district court found that Bradley had a constitutionally protected interest in his life but that the due process protection of that interest was diminished by his conviction. United States v. King, No. 07-12073, 2009…