From my very first opinion on this Court, I have consistently concluded that Mil.R.Evid. 410 must be applied broadly to be consistent with its purpose. United States v. Barunas, 23 M.J. 71, 75-76 (CMA 1986). See also Fed.R.Evid. 410. Speaking for the Court in Barunas, I said: The general purpose…
NOTE: “If you Have a Zero-Tolerance Policy, Why Aren’t You Doing Anything?: Using the Uniform Code of Military Justice to Combat Human Trafficking Abroad, 80 Geo Wash L. Rev. 1255 (2012).
There are a number of resources available to counsel for research beyond what is in the red book. The National Criminal Justice Reference Service is just one: https://www.ncjrs.gov/ Thanks to a colleague for pointing out a new publication that may assist the defense in particular. DNA for the Defense Bar,…
There have been discussions from time to time how convening authorities refer odd-ball or arguably frivolous cases to trial. Who’s Guarding the Henhouse? How the American Prosecutor Came to Devour Those He is Sworn to Protect Jonathan Rapping Atlanta’s John Marshall Law School June 10, 2012 Washburn Law Journal, Vol.…
As we all know the military does not have the nolo contendre or Alford plea. Thanks to Prof. Berman at Sentencing Law & Policy, here is an intriguing study. If you go back many years you will see reflections of the Milgram experiments, and the other experiments that turned college…
Applying Crawford’s Confrontation Right in a Digital Age Jeffrey Bellin Southern Methodist University – Dedman School of Law May 10, 2012 Abstract: Much of the recent commentary on the Confrontation Clause focuses on the past. Commentators (and Supreme Court Justices) evaluate the evolving jurisprudence by comparing the confrontation right articulated…
The inability to remember in court, what about it? If the witness testifies in court that the traffic light was green, and in a prior statement to police they said it was red. That’s a prior inconsistent statement. The witness may be impeached. Asked the “on x to officer X,…
Paul C. Giannelli (Case Western Reserve University School of Law) has posted The 2009 NAS Forensic Science Report: A Literature Review (48 Crim. L. Bulletin 378 (2012)) on SSRN. Here is the abstract: In February 2009, the National Academy of Sciences (NAS) released its report on forensic science: Strengthening Forensic…
Here is a link to the new “order” requiring sexual assault cases to be disposed of at at least the O-6 level.
I have from time to time filed writs of error coram nobis, most recently in United States v. Graner. Courtesy of CrimProfBlog here is an excellent case reviewing the writ of error coram nobis. The court discusses the history of the writ and the three part test to considered. Note…