In my view it’s all too easy for emails to be authenticated in courts. Emails can be spammed, altered, and a lot of other things, including cut-and-paste which is all too common. Here is a note from Prof. Colin Miller about a case* in Texas that appears to take a…
This article takes a closer look at the Duke Rape Case by analyzing the book Institutional Failures, a collection of essays that testifies to the immense damage wrought by the failure of three systems of control: the University, by failing to protect its students from a mob demanding quick justice;…
The nation’s crime labs are no strangers to scandal. Last year in Massachusetts, bogus testing by former chemist Annie Dookhan called into question tens of thousands of cases and led to the release of more than 300 people from the state’s prisons. There are currently no uniform standards or regulations for forensic labs.…
it almost always does – if the error was harmless. federal evidence review blog brings a reminder as follows: What are the limits in which a trial court may examine witnesses under FRE 614? The Third Circuit recently assessed the boundaries of a judge’s questioning of witnesses in a case involving…
Intriguing. Does military search and seizure depend upon and have to follow state law, even if it is a “federal” officer doing the searching and seizing? This Article argues for a model of the Fourth Amendment – the contingent Fourth Amendment – that courts and commentators have overlooked. It asserts…
The ever sentient Prof. Colin Miller brings us a good reminder to be careful, at his evidence prof blog. Federal Rule of Evidence 410(a)(4) states as follows: (a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in…
Article 10, UCMJ, may be dead. But there is still activity on the Sixth Amendment confrontation front. Here’s an interesting case dredged up by federal evidence review blog about a 40 year old affidavit and its treatment under the Sixth. Fifth Circuit reverses conviction after the government failed to meet…
I was reminded the other day when working on an appellate case of a toolbox item worth the read. I often review TJAGSA teaching materials when working on a case. I used to also look at NJS materials, but for some reason they are no longer available to the general…
People have been all over the place in terms of like or dislike for the new SVC system the military is putting in place for sexual assault cases. Frankly, most of what the system is doing doesn’t trouble me. I’ve been more concerned with how it works in practice so…
Back when I was a Magistrate Judge between 1987 and 1992, many federal prosecutors followed an “open file” policy. That is, the defense lawyer got access to the complete investigative file–everything the prosecutor had–except for legal research and the prosecutor’s outgoing correspondence. The defense lawyer was able to copy whatever…