Davis & Leo on Determinations of Voluntariness for Admissibility of Confessions Deborah Davis (University of Nevada, Reno) and Richard A. Leo (University of San Francisco – School of Law, pictured) have posted ‘Interrogation-Related Regulatory Decline:’ Ego-Depletion, Failures of Self-Regulation and the Decision to Confess (Univ. of San Francisco Law Research…
I posted on experts at various points. But this video says it all about how expert witnesses should testify. If you can’t watch here (potential problem with the embed, go to this link about The Entabulator catalytic converter.
Contrary to what appears to be a common belief among attorneys in criminal cases, the court does not live in the discovery file for each case. Indeed, prior to trial, the court has little or no access to the evidence in the case apart from what the parties may present…
When are statements made by a prosecutor admissible at trial. And assuming you can establish relevance and get past Mil. R. Evid. 403, under what rule. How about Mil. R. Evid. 801 as admissions of a party-opponent. You think I jest. Check out United States v. Bakshinian, 65 F. Supp.…
North County Times reports: All defense appeals in the case of a Camp Pendleton Marine accused of manslaughter in the deaths of nine Iraqis have been exhausted and his trial date has been set. Staff Sgt. Frank Wuterich is scheduled to go on trial at the base on Jan. 4.…
Thanks to Mary Hall for pointing to Litigation Insights. I have linked to their “newsletters.” I have frequently commented on a number of issue relevant to members and how they should be treated, perceived, and educated, and how they may be influenced by non-verbal cues. As some know I have…
The Cape-Coral Daily Breeze reports: Pvt. 1st Class Andrew H. Holmes of Boise, Idaho, pleaded guilty to murder and wrongfully using a controlled substance on Sept. 22 in a plea agreement with prosecutors, according to Maj. Chris Ophardt at the Joint Base Lewis-McChord in Washington. The following day, the judge…
PV2 Brandon G. Rushing? The military connection: Some years ago, he plead guilty to, carnal knowledge and indecent acts with a child, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934 [hereinafter UCMJ]. The judge sentenced appellant to a bad-conduct discharge,…
From time to time counsel want to offer documents which have objectionable information in them. There is an objection, and as often happens the court encourages or orders the objectionable parts be redacted. My here pointer relates to how the redaction is done – it must be done carefully. I…
Navy Times reports: Angry that he was not invited to a group dinner, the commander of a Navy flight squadron hurled insults at subordinates and slapped another sailor several times while they were all drinking at a bar in Bahrain, according to documents obtained by The Associated Press. Stars &…