No. 14-0660/AR. U.S. v. Michael C. Budka. CCA 20120435. On further consideration of the granted issues (74 M.J. __ (C.A.A.F. Oct. 23, 2014)), and the briefs of the parties, we first conclude that the United States Army Court of Criminal Appeals did not abuse its discretion and did not violate…
Remember Napue v. Illinois, 360 U.S. 264 (1959)? Here’s the Justia summary. At petitioner’s trial in a state court in which he was convicted of murder, the principal state witness, an accomplice then serving a 199-year sentence for the same murder, testified in response to a question by the Assistant State’s…
Military law and practice requires that any pretrial agreement discussions be conducted between the defense, the prosecutors, and the convening authority. The military judge is not allowed to be involved. The military judge’s involvement is during trial when she reviews a PTA with the accused to ensure it is all…
The Court of Appeals for the Armed Forces has granted a petition on the following issue: WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE WHEN DEFENSE COUNSEL FAILED TO INTRODUCE EVIDENCE WHICH STRONGLY CORROBORATED THE DEFENSE THEORY THAT THE ALLEGATIONS IN THIS CASE WERE FALSE. Here is a link to the AFCCA opinion…
Sgt. Maj. of the Army Ray Chandler announced this week that senior enlisted personnel would be rated on their ability to police online social media activity, in what many are nicknaming the “Facebook bullet” on the non-commissioned officer report (NCOER). So reports Duffelblog. I’ve always been of the view that…
“[W]e recognize that electronic communications are susceptible to fabrication and manipulation.” Campbell v. State, 382 S.W.3d 545, 550 (Tex. App. 2012). Campbell and a number of other state and federal cases were support for my objection to text messages in a case this week. I had a 120 which as usual…
Professor Colin Miller has published two timely and important essays related to the introduction of social media evidence for its truth. Contents May Have Shifted: Disentangling the Best Evidence Rule from the Rule Against Hearsay, 71 Wash. & Lee L. Rev. Online 180 (2014). Here is the abstract: The rule against hearsay covers a…
In Founding Myths: Stories That Hide Our Patriotic Past, by Ray Raphael, one of his issues of inaccurate historical reporting is about Paul Revere. The book is incisive, well-written, and well worth the read. So it is in this context that I mention Michael Greenberg’s, The Court-Martial of Paul Revere: A…
If a witness testifies at trial the traffic light was red, the accused may ask if they told the police officer the light was green. And, depending on the answer the accused may offer extrinsic evidence of the inconsistency. This is a clear prior inconsistent statement. Usually there is no trouble…