Court-Martial Trial Practice Blog
SCOTUSBlog notes the following criminal law related petitions at the Court which may – or may not – be granted tomorrow.
13-517Issue: Whether Federal Rule of Evidence 606(b) permits a party moving for a new trial based on juror dishonest during voir dire to introduce juror testimony about statements made during deliberations that tend to show the alleged dishonesty.
Member honesty during voir dire or deliberations is not a new issue to military justice practitioners (and disclaimer, I have one similar at AFCCA).
13-496Issue: Whether the Sixth Circuit violated the Antiterrorism and Effective Death Penalty Act by holding that “some form” of Waller v. Georgia‘s specific four-part test was clearly established for partial courtroom closures and that a state court could unreasonably apply the modified test in the partial-closure context.