It looks like CAAF is ready to give us their interpretation and applications of MIL. R. EVID. 801(d)(1)(B)(i) AND 801(d)(1)(B)(ii). Yesterday, CAAF granted in the following cases. No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. On consideration of the petition for grant of review of the decision of the…
You have heard me speak of secondary gain; a term used by psychologists which we lawyers call motive to lie. There are several motives to lie, United States v. Wetuski, AFCCA, presents two–to get out of trouble and to get an expedited transfer. Given the timing of A1C ME’s removal…
From time to time I bring attention to a civilian case that may be of interest to practitioners. Mostly these are post-CAAF cases arising from the USDB. So today I have Coleman v. Commandant., decided 22 November 2019, in the USDC Kansas. This matter is a pro se petition for…
No. 19-0467/AR. U.S. v. Charles E. Robinson III. CCA 20170536. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, we note that the sentence affirmed by the lower court appears not to conform to the terms of the pretrial…
Eve Brensike Primus, Disaggregating Ineffective Assistance of Counsel Doctrine: Four Forms of Constitutional Ineffectiveness. 72 STANDFORD L. REV. x (2020). For years, experts have blamed Strickland v. Washington’s lax standard for assessing trial attorney effectiveness for many of the criminal justice system’s problems. But the conventional understanding of Strickland as…
Anyone raising a UCI motion must be familiar with the Third Army cases and those that follow. United States v. Thomas, 22 MJ 388 (C.M.A. 1986), cert. denied, 479 U.S. 1085 (1987); see also United States v. Levite, 25 MJ 334 (C.M.A. 1987). Checkout United States v. Newbold, 45 M.J. 109 (C.A.A.F. 1996). Apparently…
Military music will now be played before the U.S. Supreme Court. Grants in Briggs and Collins.
A British article worth reading because it has application here. Akorede Omotayo, The Right to Silence – or the presumption of Guilt The right to silence is thought by many Judges and academics to be a constitutional right; which preserves Viscount Sankey’s presumption of innocence in Woolmington . For this reason,…
United States v. Scott., ordering a Dubay hearing. I could not find a subsequent opinion on the ACCA website, which could mean the Dubay hearing produced nothing noteworthy and the court proceeded to affirm the findings and sentence. CAAF has granted the following issue: No. 19-0365/AR. U.S. v. Jason A.…
We have had a number of military cases of the years involving searches of lawyer “files” or other materials. Here is an interesting opinion from the Fourth Circuit about “taint teams.” The Fourth is not generally known as a defense friendly court. 4th Circuit Court of Appeals Opinion 31 October…