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Court-Martial Trial Practice Blog
Careful who you speak to and what you say.
I routinely counsel clients not to talk with anyone regarding their case. Here is a new Navy case which is a reminder. There is no evidence to suggest the appellant was engaged in plea discussions or negotiations with LtCol C at the time he repeated the advice from his father-in-law.…
Self-defense – again.
I have previously commented about evidence of the victim’s character for violence and specific incidents. To refresh – there are several ways the assault victim’s character for violent behavior can become relevant and admissible in an assault case. a. The defense puts on opinion testimony about the victim’s violent, threatening,…
Corroboration
An item sometimes missed or perhaps not always explored in cases with a confession is the question of corroboration. Here is an Army case that discusses the issue quite well. The case recognizes that the amount of corroboration is small so it’s easy to gloss over the corroboration issue. Here…
Fingerprint examination – expert testimony – admissibility.
We have jurisdiction under 28 U.S.C. § 1291. Concluding that the district court did not abuse its discretion in allowing the government to present expert evidence that a thumb print found on some of the contraband recovered by the authorities was a match to Baines’ print, we affirm the judgment…
McElhaney on Litigation
When the Judge Is the Jury: Your goals don’t change in a bench trial, but your techniques should, August 2009 issue of the ABA Journal.
Extent of a search for drug related information and computers
A search warrant for drugs and possible records of drug sales did not permit officers to enter defendant’s computer where the execution of the warrant produced no evidence of drug sales on the premises. (There was also a Franks violation because the officer represented a neighbor’s report of drug use…
SODDI
Does the SODDI defense work? Here are some thoughts or considerations. Elizabeth R. Tenney, Hayley M.D. Cleary, Barbara A. Spellman, "This Other Dude Did It!" A Test of the Alternative Explanation Defense, 21 The Jury Expert July 2009.
Witness preparation
Valerie Blum, Alexandra Rudolph, From the Conference Room to the Courtroom: How a Change in Setting Affects Witness Preparation, 21 The Jury Expert, July 2009.
Consciousness of guilt
Seventh Circuit determines that admission of an audiotape of robbery defendant beating and threatening the life of a potential witness was a “close[ ] call” but that its probative value in suggesting defendant’s guilty conscience “cannot be genuinely disputed” and that this evidence was not unfairly prejudicial despite the fact…