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Court-Martial Trial Practice Blog

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Appellant’s access to the Supreme Court

Equal Supreme Court Access for Military Personnel: An Overdue Reform, 131 Yale L.J. Forum ___ (2021) (forthcoming), by Prof. Eugene R Fidell, Prof. Brenner M. Fissell, Cdr. (Ret). Philip D. Cave, is available here on SSRN. Abstract: While one might think that every criminal defendant in the United States has the opportunity…

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Credibility of a hearsay declarant

Prof. Colin Miller tells us that, Similar to its federal counterpart, Pennsylvania Rule of Evidence 806 states that When a hearsay statement has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a…

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Sort of SODDI

Similar to its federal counterpart, section 90.404(2)(a) of the Florida Statutes states that Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident,…

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