Close

Court-Martial Trial Practice Blog

Updated:

The medical exception in evidence.

Prof. Colin Miller brings, The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify Federal Rule of Evidence 803(4) provides an exception the rule against hearsay for A statement that: (A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and (B) describes…

Updated:

A lapse in time

Prof. Colin Miller brings us this note. Similar to its federal counterpart, Idaho Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The first part of this “present sense impression” exception…

Updated:

Worth watching for

Over the transom comes the petition in Perez v. Colorado at the Supreme Court. Whether, and to what extent, the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by a private party, notwithstanding a state privilege law to the contrary.…

Updated:

Grazioplene redux

CNN reports, See also, https://connectingvets.radio.com/articles/retired-army-general-james-grazioplene-stand-trial-rape-charges-army-dismissed https://taskandpurpose.com/news/retired-army-general-rape-charges Retired Army Maj. Gen. James Grazioplene on Wednesday admitted to sexually abusing his then-teenage daughter in the 1980s, in exchange for a suspension of his sentence. His daughter, Jennifer Elmore, turned 49 on Wednesday. Grazioplene pleaded guilty in a Prince William County, Virginia, circuit…

Updated:

Another contribution to the discussion of a commander’s authority

Here is a link to Dave Schlueter and Lisa Schenk’s White Paper AMERICAN MILITARY JUSTICE: RETAINING THE COMMANDER’S AUTHORITY TO ENFORCE DISCIPLINE AND JUSTICE. [https://www.court-martial-ucmj.com/white-paper-on-military-justice-reforms-2020-w-app/] In summary, [they] believe that: • Commanders play a critical and necessary role in the American military justice system; • Transferring prosecutorial discretion from commanders…

Updated:

Worth the Read on Confessions

From CrimProf Blog,  Editor: Kevin Cole, Univ. of San Diego School of Law Friday, July 3, 2020 Sundby on Interrogation Law By CrimProf BlogEditor  Share Scott E. Sundby (University of Miami School of Law) has posted The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room (Washington…

Contact Us
Start Chat