R.C.M. 701(b)(2) sets out the requirement for defense disclosure if there will be an innocent ingestion defense. Assuming the accused is the only witness who may testify to an innocent ingestion, must the defense disclose that under the rule. My answer is no. To force a disclosure prior to testimony…
Eyewitness Identifications and State Courts as Guardians Against Wrongful Conviction Sandra Guerra Thompson University of Houston Law Center Ohio State Journal of Criminal Law, Forthcoming University of Houston Law Center No. 2010-A-1 Abstract: Despite a growing awareness that mistaken eyewitness identifications contribute significantly to wrongful convictions, most courts continue to…