Here’s a reminder about authenticating emails based on a posting from Prof. Colin Miller at EvidenceProfBlog. To paraphrase Prof. Miller: And, like its federal counterpart, [Mil. R. Evid.] 901(b)(4) provides that By way of illustration only, and not by way of limitation, the following are examples of authentication or identification…
Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight. In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted…
The CAAF Daily Journal for 14 September 2010 notes the filing of a petition for review by John M. Diamond. Here is a FayObserver.com piece which documents some of the history of this case, including Michelle Theer’s abortive efforts to get a new trial. According to court documents, witnesses for…
In two days CAAF has granted two urinalysis cases citing to Melendez-Diaz. Note Blazier is still undecided. In the Air Force case the defense did not object, in the Navy case the defense did object. No. 10-0668/AF. U.S. v. Jerrod D. NUTT. CCA S31600. Review granted on the following issues:…
It appears that Denedo’s case is over. On 8 September 2010, the Court of Appeals for the Armed Forces, with C.J. Effron and J. Baker dissenting, denied the filing of a writ appeal petition out of time. The majority writes: In support of the motion for leave to file writ-appeal…
Here are some interesting tidbits from the CAAF orientation session for new attorneys courtesy of NIMJ.blog. As for the rules changes, a big (and quite welcome, in my opinion) change is the new system in which nearly all CAAF pleadings are eligible for electronic filing. Be sure to redact privacy/sensitive…
The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG. U. S., Appellant v. ANDREW L. DALY, Appellee. CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on…
CAAF has issued an opinion in United States v. Nerad. RYAN, J., delivered the opinion of the Court, in which EFFRON, C.J., and ERDMANN, J., joined. BAKER, J., filed a separate opinion concurring in the result. STUCKY, J., filed a separate dissenting opinion. Nerad gets a remand to AFCCA for…
In United States v. Morton, ACCA on remand from CAAF found no “dramatic change in the penalty landscape” and affirmed the sentence imposed at trial. On first review ACCA had set-aside two specifications regarding a falsification of a sick-slip under Article 123, UCMJ. But ACCA then affirmed two specifications thought…