Leaks from Members (or sometimes military judges) occasionally give rise to appellate litigation. Here is an interesting piece on federal evidence review: Motion for new trial on criminal extortion and bribery case denied, despite juror’s statement to newspaper after the verdict that because the defendants did not testify, the juror…
The accused is charged with indecent assault on a complaining witness and rape on another complaining witness. Member: Sir I’m the unit victim advocate. Individual voir dire continues blah, blah, blah. Def: The defense objects on implied bias and liberal grant mandate. MJ: Explain why please. Def: Blah, blah, blah.…
NMCCA has decided United States v. Oglesby. The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged. Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test. NMCCA disagreed. NMCCA found that the military…
Prof. Collin Miller has this item on his blog which is an excellent reminder about objections – an issue for the defense much more than prosecution. You’ve seen it a million times in legal movies and TV shows. A lawyer asks a witness a question, opposing counsel stands up and…