As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution…
so starts a post at wrongfulconvictionsblog–Junk Science Reigns ____ So Much for True Science in the Courtroom. [W]hen the National Academy of Sciences report Forensic Science in the United States; A Path Forward was published people thought we might see a true effort to address “junk science being used to convict innocent people.”…
Check the warrant, or in the military the search authorization. The recent decision of the Army Court of Criminal Appeals in a government appeal tells you why it’s important to check the warrant. In United States v. Gurzynski, the court had before it a government appeal of a military judge’s…
The Army Court of Criminal Appeals will hear oral argument on Wednesday, August 3, 2016, at 10 a.m., in United States v. Ahern, No. 20130822. The court will consider the arguments of counsel on the following two issues. I. [WHETHER] IT WAS PLAIN ERROR WHEN THE MILITARY JUDGE ALLOWED TRIAL COUNSEL TO ARGUE THAT APPELLANT…
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…
There are a couple of interesting items in Vol. 224, MIL. L. REV. MILITARY JUSTICE INCOMPETENCE OVER COMPETENCY DETERMINATIONS, by Major David C. Lai. This is relevant to me because I have an appellate case where there are issues with the client’s current competency and there were at trial. ALWAYS…
On 20 May 2016, the President, exercising his powers under UCMJ art. 36, signed an executive order amending the Manual for Courts-Martial. Changes to the rules of evidence are included. It was a change to Rule 311 that has draw significant attention and discussion among the UCMJ literati. Basically, a military judge…
Yes, is my answer, or at least that is my answer in a brief filed with the Army Court of Criminal Appeals and in several arguments at court-martial. Under Mil. R. Evid. 801(2), you can offer the out of court statements of an opposing party or certain statements of that…
Yes, is my answer. In several cases at trial I have objected to prosecution evidence under Mil. R. Evid. 412, for the prosecution’s failure to follow the rule. Mil. R. Evid. 412 is clear that it applies to prosecutors. First the rule states: A party intending to offer evidence under…
Captain John S. Reid, as this “Is It Hearsay? A Practical Primer,” in 43 The Reporter, No. 2 (2016), for a quick and good review of the various hearsay rules.