“Racism has long corrupted American military justice – famously exemplified by the 1917 Houston riots, which resulted in the Army’s summary execution of 19 African American soldiers after sham trials. In 2019, the Government Accountability Office found that in the Army, Navy, and Marine Corps, black service members “were…
Prof. Colin Miller tells us that, Similar to its federal counterpart, Pennsylvania Rule of Evidence 806 states that When a hearsay statement has been admitted in evidence, the declarant’s credibility may be attacked, and then supported, by any evidence that would be admissible for those purposes if the declarant had testified as a…
A Reid reminder. Military.com reports U.S. Charges Son in Civilian Navy Staffer’s Killing in Bahrain. Bahrain declined prosecution; federal marshalls will bring him to the U.S. for prosecution in federal district court. Were this the early 1950’s it is possible he would be facing court-martial—that is until Reid v. Covert.…
Similar to its federal counterpart, section 90.404(2)(a) of the Florida Statutes states that Similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident,…
An implicit bias is “‘an association or preference that is not consciously generated and is experienced without awareness.’” Michele Benedetto Neitz, Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process, 49 SETON HALL L. REV. 629, 656 (2019) (quoting J. Bernice B. Donald & Sarah E. Redfield, Framing the…
The Pentagon Inspector General has announced plans to evaluate how well U.S. Central Command and Special Operations Command are following rules aimed at preventing war crimes. In a memo issued Monday, the IG said that the investigation will focus on the commands’ efforts to carry out Defense Department directives aimed…
If you have defended an assault case based on self-defense, you know that the alleged victim’s character for violence can be relevant. What about on direct? If your client knows of prior acts of violence then he may have a better argument that it was necessary to use, perhaps, more…
Federal Rule of Evidence 803(2) provides an exception to the rule against hearsay for A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused. So, should this excited utterance exception apply to a 911 call about a stolen gun.…
Mil. R. Evid. 610 prohibits using a witness’s religious beliefs to bolster or undermine their credibility. But what about questions regarding whether a defendant had a “come to Jesus” moment after committing the crime charged? That was the question addressed by the Court of Criminal Appeals of Tennessee in its…
No, this isn’t about the President, but about one of his cases that leads us to consideration of attorney ethics when deciding to withdraw from a case. Prof. Jonathan Turley has this critique of one of DJT’s attorney’s seeking to withdraw from litigation. On January 7th, an attorney representing President…