The Air Force Court of Criminal Appeals is tragically behind in timely action on pending and future court-martial appeals. The military appellate courts, so far have declined to take action to release an appellant pending appeal. The Canadians set a the example. A Standing Court Martial today sentenced Captain Daniel…
Court-Martial Trial Practice Blog
Can you tape the boss
Maybe. It depends on state law – one party, all party permission; are you in a SCIF; or are you and the activity covered by 18 U. S. Code 2511?
Clearances go purple?
Transition of the Defense Industrial Security Clearance Office (DISCO) to the Department of Defense Central Adjudicative Facility (CAF) Effective Oct. 27, 2012, the Defense Industrial Security Clearance Office (DISCO) will migrate to the DOD CAF [Central Adjudication Facility]. As a result of this migration a new version of the Joint…
Notice and demand rule change
Federal evidence review brings us information about a proposed change to Fed. R. Evid. 803(10), which by operation of Mil. R. Evid. 1102, will become “law” for courts-martial absent Presidential action (18 months after the effective date of any FRE amendment). This is an occasional issue in fraud and some…
Forensics
Here is a link to a useful site all about DNA. And here is a link to the NIJ forensics site.
Constitutional history and such worth the read
For those interested in the history of the Constitution and its judicial interpretation, the George Washington Law Review has a: COMMEMORATING THE 100TH ANNIVERSARY OF FARRAND’S RECORDS OF THE FEDERAL CONVENTION edition. Volume 80, No. 5, includes: A Dialogue on Statutory and Constitutional Interpretation The Honorable Antonin Scalia & John…
The Ayes have it
The Supreme Court of Oregon has revisited its 30-year old rule that allowed for admission of eyewitness identification resulting from “unduly suggestive pretrial identification procedures.” State v. Lawson consolidates two cases on the same issue, and decides en banc to recognize significant changes in the understanding and science of eyewitness…
Humor of the day
False confessions
The November/December issue of The Jury Expert is out and online. There are three items which deal with false confessions. The first has the intriguing title of “Only the Guilty Would Confess to Crimes” : Understanding the Mystery of False Confessions This is followed False Confessions: “I Can’t Believe I…
Teufelshunde
Here is a piece from Stars & Stripes about a Marine accused of sexual behavior with dogs as well as having child pornography.