federalevidence.com reports on: In trial for mail fraud and theft from a program receiving federal funds, trial court error in permitting the prosecutor to cross-examine the defendant state legislator as to her opinion of whether other witnesses were lying and lacked veracity, however error did not rise to plain error;…
United States v. Medina. While this case, like Prather, involves the “substantially incapacitated” element of aggravated sexual assault under Article 120(c)(2), UCMJ, under the unique circumstances of this case the instructions provided by the military judge did not employ the statutory provision regarding the defense’s burden of proof on the…
Stars & Stripes reports: The Marine Corps on Okinawa has created a crime-tips website to combat the use of designer drugs known as Spice, officials said Thursday. ACCA decided United States v. Baker, a government appeal. ACCA decided that the military judge abused his discretion by suppressing a “show-up” and…
Army Times reports: A former command sergeant major at Walter Reed Army Medical Center in Washington, D.C., fired for faking his record and wearing numerous unauthorized awards and decorations, was sentenced to six months imprisonment and a demotion to staff sergeant. 10News reports: Home video reveals dramatic details about the…
Honolulu Star Advertiser reports: A former Navy diver who worked with SEAL commandos at Pearl Harbor has been charged with murdering his 14-month-old son, nearly a year and a half after the boy died from severe brain injury caused by “abusive head trauma,” officials said. Matthew McVeigh, 26, was charged…
SignOn San Diego has a piece about todays proceedings. Until now, the story surrounding the December 2009 death of 8-year-old Anthony DeWeese has largely focused on whether the Coast Guard pilot who crashed a 33-foot patrol vessel into the DeWeese family boatwas hot-dogging that night during the San Diego Bay…
SignOn San Diego reports: As a young Coast Guard crewman goes on trial today for a child’s death, no officers from the Coast Guard’s San Diego sector have been formally faulted for a patrol boatoperation described as being in disarray before the 2009 crash. And the 33-foot patrol boat model…
United States v. Clark. 5-0 written by Judge (soon to be CJ) Baker. We granted review of the following issues: I. WHETHER IT WAS PLAIN ERROR FOR TRIAL COUNSEL TO ELICIT TESTIMONY THAT APPELLANT DID NOT RESPOND VERBALLY WHEN ARRESTED, AND THEN RELY ON THIS TESTIMONY DURING CLOSING ARGUMENT. II.…
Professor Friedman blogs today that: This morning, the Supreme Court GVRed — granted, vacated, and remanded — the case of Allshouse v. Pennsylvania, No. 09-1396, for reconsideration in light of last week’s decision in Michigan v. Bryant.Allshouse involves statements by a four-year-old to a child protection agency worker investigating allegations…
and parole. The ACCA has released a decision in United States v. Hellgenberger. Finally, while not directly related to the issue of deportation, the military judge found that counsel provided appellant inaccurate advice about the possibility of parole. Captain N was unaware that as a non-citizen, appellant was ineligible for…