Evan Schaeffer has posted an interesting tip, reminder, on his Trial Practice Tips Weblog. There are two requirements for success in exposing the liar. First, you must be certain that you can establish that the witness has a "clear-cut motive to fabricate that the jury will understand"; Second, you must…
Tomorrow begins the Article 32, UCMJ, hearing, prefatory to a general court-martial. NPR leads with: Dozens of people will take the witness stand in a military courtroom over the next few weeks to describe the pain of bullets piercing their bodies and the sight of fellow soldiers lying in pools…
Interesting, someone appears to have received a response to a request for information to APF. Courtesy of obamaconspiracy.org: From: Margaret Hemenway Date: Wed, Oct 6, 2010 at 11:07 AM Subject: Re: Request from the Safeguard our Constitution Website To: (——) (——), LTC Lakin worked with the Foundation over this past…
SCOTUSBlog notes two new petitions with potential impact on a court-martial practice under the UCMJ. Title: NIBCO, Inc. v. Rivera Docket: 10-383 Issue(s): (1) Whether a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, even though the comparative analysis was neither…
The other day I had posted about the unauthorized release of the Stryker Brigade Article 32 report and a Coast Guard report on the San Diego Bay incident. My question at the time was an appearing trend of unauthorized releases of Article 32, UCMJ, investigation reports. There is more on…
Air Force Times reports that: The court-martial of Airman 1st Class Dustin A. Miller will begin Nov. 8. The security forces patrolman faces charges of attempted murder, aggravated assault with a dangerous weapon, aggravated assault inflicting grievous bodily harm and assault with the intent to commit murder. See prior postings…
“Now what I want is, Facts.. . . Stick to Facts Sir!” (Charles Dickens, Hard Times, p. 1, Oxford World’s Classics, 1998.) Evidence may be admissible under Mil. R. Evid. 803(8) as an exception to the hearsay rule. Prof. Colin Miller reminds us that the exception is intended to cover…
AP reports: Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force. Professor Friedman has put up…
Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles. 1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to…
CNN has this report on the Morlock Article 32, UCMJ, hearing. A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended. The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence…