This seems to be the another post-Rodriguez case in which a petition has been denied. No. 09-0030/AR. U.S. v. Josh R. RITTENHOUSE. CCA 20050411. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and in light of United…
Are juvenile convictions subject to discovery and potential use at trial? — Yes. Mil. R. Evid. 609(d): Evidence of juvenile adjudications is generally not admissible under this rule. The military judge, however, may allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the…
Dog sniffs of the exterior of a vehicle are not searches under the Fourth Amendment. See United States v. Olivera-Mendez, 484 F.3d 505, 511 (8th Cir. 2007). "Such a dog sniff may be the product of an unconstitutional seizure, however, if the traffic stop is unreasonably prolonged before the dog…
Here is a link to CAAF’s new decision in United States v. Chatfield. The opinion is valuable for three issues: what is custody, what is coercion, and a reminder to consider jointness of military and civilian investigations. When does a superiors words of actions create a custodial interrogation situation or…
Faulty Science?, By Maurice Possley Mistaken diagnoses of Shaken Baby Syndrome may have sent thousands of innocent people to prison, according to a new study — Read the research here Deborah Tuerkheimer, The Next Innocence Project: Shaken Baby Syndrome and the Criminal Courts, Washington University Law Review, Vol. 87, 2009.…
Professor Colin Miller, Chicken Little Or Canary In The Coal Mine?: Supreme Court Finally Issues Opinion In Melendez-Diaz, Finding Certificates Of State Laboratory Analysts To Be "Testimonial," 25 June 2009. Analysis: Law need not bow to chemistry, SCOTUSBlog.
Here is a link to Professor Friedman’s initial thoughts on this case. First, this is a terrific decision. It is the right result, for the right reasons. It clears up a lot of issues that should have been clear. It should have been unanimous; the principal concern it raises is…
I particularly like this part: Forensic evidence is not uniquely immune fromthe risk of manipulation. According to a recent study conducted under the auspices of the National Academy ofSciences, “[t]he majority of [laboratories producing foren-sic evidence] are administered by law enforcement agen-cies, such as police departments, where the laboratoryadministrator reports…
Melendez-Diaz v. Massachusetts This is the link to the Supreme Court Decision in M-D. Here’s a link to the arguments before the court. Laboratory reports ARE testimonial. Now, what reports are covered? Here is a “comment” by Crime & Consequences blog. Justice Scalia, writing for a 5-4 majority, authored the…
Here is the lead in for an piece on federalevidence.com blog: In medical malpractice case, trial court’s exclusion of defense expert as unqualified was not harmless error; the defense expert’s opinion that the plaintiff’s expert’s conclusion was not supported by the medical literature plaintiff cited did not require the defense…