NMCCA has an unpublished opinion on line in United States v. Thomas. The case is interesting partly because it is an recitation of some facts vice news reported “facts.” I find footnote 3 to the decision of some interest: The Second Circuit has found that removal of any person who…
Professor Colin Miller has a comment today on his blog about United States v. Matthews, 68 M.J. 29 (C.A.A.F 2009) He illustrates that Mil. R. Evid. 606 mirrors the federal rule but has the additional exception for “command influence” in the Members deliberation room. Chain Of Command: Military Case Reveals…
Lawyer seeks to prevent opponent from wearing worn shoes: The economy may be in the dumps, but lawyers shouldn’t skimp on their pumps, according to this story in the Palm Beach Post. (H/T The Maryland Injury Lawyer Blog). Florida defense lawyer Michael Robb found himself the target of a motion…
Jury instructions to include rules on use of new media Recent incidents of jurors using new media during cases in civilian courtrooms in the States have led a military judge to rework instructions given to panelists in military courts-martial. Army Col. Ted Dixon, a military judge who edits the military…
Not the lawyers — the jurors. I've posted several articles, and the web is rife with articles, posts, and case decisions about how jurors are using technology in the jury room: twittering, contacting the media, and now this interesting piece by Prof Colin Miller. An Analog Rule in a Digital…
There has been something of a stir recently about jurors texting and twittering while court is in session. Here another interesting tale of the kind of shenanigans civilian jurors get up to. We first consider Basham's argument that the district court should have granted his motion for a new trial…
The Supreme Court has decided Rivera v. Illinois. Justice Ginsburg wrote for a unanimous court. This case concerns the consequences of a state trial court’s erroneous denial of a defendant’s peremptory challenge to the seating of a juror in a criminal case. If all seated jurors are qualified and unbiased,…
A change to Fed. R. Crim. Pro. recently adopted reminds me of a motion I file from time to time after the member's have found my client guilty, or at the time the military judge asks if there is anything else before adjourning the court — that's a Griffith motion. …
Here’s a interesting reference to the Siegelman political prosecution case. No Reversal Despite Juror Exposure To Internet Information, Media Accounts And E-mail, 10 March 2009. Eleventh Circuit agrees with trial court, after a hearing with all twelve jurors, that exposure to an unredacted copy of the Second Superseding Indictment,…
Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606. Prof. Miller argues that, "Rule 606(b) to preclude allegations of juror bias violate criminal defendants' right to present a defense." Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other…