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…
Not sure, that’s the conclusion of a study done by the National Research Council. h/t Prof. Berman at Sentencing Law & Policy
You need to know about collateral effects of a court-martial conviction: Voting Firearms Immigration status Sex offender registration Death penalty And now, should you have a special competence with forensics? Funk & Berman on Attorney Competence in Forensics Christine Funk and Evan Berman have posted Rising to the Challenge of…
The government wants to offer data from a computer or some other mechanical or recording device. Can a NCIS agent testify about the contents. No. That violates the best evidence rule, Mil. R. Evid. 1001. Courtesy of federalevidence.com here is a link for a recent case dealing with GPS information:…
Not sure the value – but I’m tracking the impending release of this publication: Apparently written for civilian attorney’s representing current or former military personnel, it may well have resources, ideas, and guidance for the military practitioner. Major Evan Seamore, Chief of Military Justice for the U.S. Army Maneuver Center…
Quite a few cases, especially the sexual assault ones arriving recently have involved text and chat messages as potential evidence against the client. As is to be expected, most of the time the investigators do not seize and clone the phone to preserve evidence (although I am dealing with one…
Warrant for DNA failed to show probable cause because it was based on mere conclusions. On remand, however, the state is free to use inevitable discovery to validate it. State v. Jenkins, 2012 S.C. App. LEXIS 84 (March 28, 2012): Nevertheless, the State argues that because this case involves a…