Here is an interesting case from the Tenth, about cross-examination of a witness about a prior judicial “finding” that the witness was not credible — United States v. Woodard. The court states this basic principle from its own jurisprudence: The Sixth Amendment guarantees the right of a defendant to “be…
As Prof. Colin Miller TG points out in a new post, Fed. R. Evid. 804(b)(6), applies to both sides. The Mil. R. Evid. contains the same language. For an example of a case in which the government forfeited its right to object to the defendant’s admission of hearsay from a…
Well, I use Wikipedia for research. But, I use it “in some limited situations . . . for getting a sense of a term’s common usage." Fire Insurance Exchange v. Oltman & Blackner, Case No. 201004262-CA, 2012 UT App 230 (Utah App. 2012)(discussing the uses and reliability of Wikipedia as…
Impeachment with conviction. Mil. R. Evid. 609(b) issues of impeachment with a prior conviction rarely come up at court-martial. But if there were to be a prior conviction there may be some interpretation necessary. So parsing several posts of Prof. Colin Miller the Great at Evidence Prof Blog, here we…
“Now what I want is, Facts.. . . Stick to Facts Sir!” (Charles Dickens, Hard Times, p. 1, Oxford World’s Classics, 1998.) Evidence may be admissible under Mil. R. Evid. 803(8) as an exception to the hearsay rule. Prof. Colin Miller reminds us that the exception is intended to cover…
In the July Army Lawyer Judge McDonald has some comments based on his first year on the bench. (I have noted over the years that it takes most judges about a year to get their relative bearing.) I think we can all echo his comments and find a myriad of…
Prof. Colin Miller posts: Somewhat similar to its federal counterpart, Indiana Rule of Evidence 410 provides in relevant part that Evidence of a plea of guilty or admission of the charge which was later withdrawn, or a plea of nolo contendere, or of an offer so to plead to the…
Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that: The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e). A summary court-martial may not be used to…
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…
With a seasonal title, Prof. Colin Miller reminds us of a particular caution when seeking to admit statements of a co-conspirator – the statements have to be made before the crime is committed. There should be the same impact in a court-martial prosecution under the UCMJ. Prof. Colin Miller, Later…