As an SVC in Colorado Springs, Colo., former prosecutor Capt. Lorraine Sult says that she has found her clients’ needs are different from what she previously recognized. Some would rather have their attackers go to counseling than get jail time, for example. "As prosecutors (and politicians), we think they just…
We all know judges who actually or appear to put their thumb on the scales. In this modern age it’s perhaps more likely to be the key of that smartphone. . . A former prosecutor who is now a Texas judge has admitted in a letter that she aided another…
Prof. Colin Miller asks, and then gives. The recent opinion of the United States District Court for the Southern District of Florida in Dingman v. Cart Shield USA, LLC, 2013 WL 3353835 (S.D.Fla. 2013), addresses three interesting questions under Federal Rule of Evidence 609: (1) are convictions resulting from nolo…
If a witness fails to object? What if the witness has discussed all with the prosecutor? Anyway . . . Fourth Circuit concluded it did not need to determine the scope of the psychotherapist-patient privilege since the respondent had waived any privilege; circuit notes the obligation "to timely assert the…
An outspoken congressman says he is troubled by allegations the Marine Corps commandant and his legal advisers manipulated criminal cases stemming from a vulgar war-zone video. http://www.marinecorpstimes.com/article/20130708/NEWS05/307080023
http://moritzlaw.osu.edu/students/groups/osjcl/issues-and-articles/volume-102/
Federal Evidence Review is one of many websites I review on a regular basis. The blog has, “noted how the lower courts continue to grapple with the application of the Confrontation Clause to expert testimony based on the lack of clarity from recent Supreme Court cases. See, e.g., Confrontation Clause:…
Yes is the simple answer. The harder answer is why, and how do you tell. As I always say, the first question to consider is motive. If you have a motive, a lot must follow to corroborate the motive. Here is an article from the FBI Law Enforcement Bulletin about,…
Prof Colin TG Miller has this post. In Crane v. Kentucky, the Supreme Court found that: "[w]hether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation Clauses of the Sixth Amendment, the Constitution guarantees criminal defendants a meaningful opportunity to present…
BAH/TAD fraud cases cane be complex for a lot of different reasons. But here is a reminder of one aspect from the Coast Guard Court of Criminal Appeals in, United States v. Peters. This is actually a common mistake by the prosecution when charging fake receipts, and when charging for…