Here are some CAAF grants/issues that should resonate in the field.
No. 10-0332/AF. U.S. v. Yolanda FLORES. CCA S31621. Review granted on the following issue:
WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL.
Federal Evidence Review notes the following:
In conspiracy to distribute controlled substances prosecution, physician-defendant could not assert that the medical records of his patients were subject to a doctor-patient privilege because the federal courts do not recognize this privilege under FRE 501, in United States v. Bek, 493 F.3d 790 (7th Cir. July 6, 2007) (No. 05-4198)
It is easy to overlook that the a physician-patient confidential communications privilege is not recognized in the trial of federal question matters. As adopted by Congress, the Federal Rules of Evidence fail to explicitly allow for this privilege.
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Evidence of a plea of guilty or admission of the charge which was later withdrawn, or a plea of nolo contendere, or of an offer so to plead to the crime charged or any other crime, or of statements made in connection with any of the foregoing withdrawn pleas or offers, is not admissible in any civil or criminal action, case or proceeding against the person who made the plea or offer.
In United States v. Serianne, the CAAF affirmed an NMCCA decision that a Navy order to report civilian DWI/DUI convictions was unlawful and not enforceable at court-martial.
Navy Times reports:
The Navy’s self-reporting requirement for drunken driving arrests will fundamentally change as a result of a recent military court ruling, the Navy’s top lawyer said.
NMCCA denied Quintanilla’s petition
in which he sought to have the court overturn the ruling of the military judge at his sentencing rehearing to the effect that Life Without Parole (LWOP) is not an authorized
sentence in his case. Alternatively, the petitioner requested that this court direct the military judge to grant the petitioner’s motion allowing him to waive his right to clemency and parole following sentence, so that he can more easily reach a pretrial agreement with the convening authority.
The King James (UK) version of Proverbs 18-17 says: He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him.
The King James (Am.) version says: He that is first in his own cause seems just; but his neighbor comes and searches him.
The New Living Testament (2007) says: The first to speak in court sounds right–until the cross-examination begins.
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.
Military.com reports that:
Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI Bill may even give you a monthly housing stipend of $1,200.
Press Republican reports that:
Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields.
The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and Gray scheduled for today and another slated for Sunday.
Pilot Online reports that:
For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers.
Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.
Court-Martial Trial Practice Blog