A case to look out for. United States v. Frost, No. 18-0362/AR Issue: Whether the military judge erred in admitting hearsay statements as prior consistent statements under Mil.R.Evid. 801(d)(1)(B)(i) where the defense theory posited the improper influence or motive preceded the allegedly consistent statements. Case Links: • ACCA opinion • Appellant’s brief…
I have always argued for full and early discovery in court-martial cases. How can you defend someone when discovery is delayed or held-back. And how can you make a properly considered judgment on a PTA or not. “The Right to Evidence of Innocence Before Pleading Guilty,” on SSRN. Here is the abstract:…
The answer is possibly, but it requires some very specific analysis using the Reynolds test. The Air Force Court of Criminal Appeals has decided United States v. Hyppolite, II, where this issue arose. In this case, the prosecution sought to use evidence of different allegations of a sexual offense to show…
I have had cases of the reluctant witness, typically the spouse physical abuse cases, to United States v. English (ACCA 2018) was not a surprise in terms of the issue. The alleged victim was refusing to cooperate in the prosecution so the prosecution tried to introduce prior statements. The prosecution…
From friend BW. State commission calls blood-spatter testimony in murder case ‘not … scientifically supported’ By Pamela Colloff, ProPublica, July 24, 201 An influential state commission said the blood-spatter analysis used to convict a former Texas high school principal of murdering his wife in 1985 was “not accurate or scientifically supported”…
My first GCM involved eyewitness identification and a motion to suppress based on an improperly suggestive show-up when the client was arrested. He was handcuffed in the back of the police car and the armed robbery victim was brought to the police car and asked ”is that him” or words…
During trial, the defense counsel make many decisions; sometimes there is an objection to evidence, sometimes not. How the appellate courts deal with allegedly inadmissible evidence depends on whether there was an objection at trial. If there is an objection the appellate court looks to see if the evidence was…
Since United States v. Hills, and then United States v. Hukill, the appellate courts have been trying to sort out quite a few cases on remand. Here is a list of the most recent CAAF actions. No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061. On consideration of the petition for grant of review…
Let’s take a look at United States v. Criswell, a case decided by the Army adverse to the appellant, and now pending review at CAAF, on the following issue. No. 18-0091/AR. U.S. v. Andrew J. Criswell. CCA 20150530. On consideration of the petition for grant of review of the decision of the United…
The Air Force Court of Criminal Appeals (AFCCA) has issued an interesting en banc (5-3) opinion in United States v. Hamilton, 76 M.J. ___ (A. F. Ct. Crim. App. 2017), about victim impact evidence or statements. The accused pleaded guilty to the possession and distribution of child pornography. On sentencing,…