I’ve commented earlier that I do not see Melendez-Diaz altering the drug urinalysis case in terms of laboratory evidence. Here is some additional thought which I think supports my conclusion. Q2: Peer review, forensic experts. One question that came up during oral argument, and remains after the ruling, is the…
Here is part of Professor Colin Miller’s recent post about search incident to arrest after Arizona v. Gant was decided by the Supreme Court. This is a good review of the issue. [Quote] In 1969, the Supreme Court established the boundaries of proper search incident to a lawful arrest in…
It’s been a while since this issue has come up, and it does come up every now and again in military cases – DoD has approximately 50,000 foreign nationals on active duty. Some more fallout from the U.S. Supreme Court’s decision in Medellin v. Texas fell today from the California…
Here is the QP is Briscoe, a VA case which addresses one of the points raised in Melendez-Diaz. I have done this in drug urinalysis cases – asked for production of the lab witnesses as defense witnesses – and been refused. If a state allows a prosecutor to introduce a…
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.