[I quote] If you’re a briefwriter who, for whatever reason, rarely gets the opportunity to present oral argument, take heart in this quotation by a Fifth Circuit legend: Oral argument, as such, is rarely, if ever, so essential to elemental fairness as to orbit to a constitutional apogee. Indeed, the…
Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606. Prof. Miller argues that, "Rule 606(b) to preclude allegations of juror bias violate criminal defendants' right to present a defense." Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other…
For those for who baseball is a drug, here is a good piece from Federal Evidence Review. Not only is this a baseball story, but it also has some teaching points about the law of evidence in drug prosecution cases. On Eve Of The Barry Bonds Perjury Trial, Government Appeals…
Psychology & Crime News has an interesting post about forensic linguistics in crime detection. Using forensic linguistics in the criminal justice system, P&CN, 28 February 2009. John Olsson of the Forensic Linguistics Institute is one of the UK’s most experienced forensic linguists, with over 300 criminal cases in his portfolio.…
United States v. Hayes, __ U.S. ___ , No. 07–608, decided 24 February 2009. The Supreme Court has resolved a issue relating to qualifying convictions for firearm possession prohibitions post-conviction. The federal Gun Control Act of 1968, 18 U. S. C. §921 et seq., has long prohibited possession of a…
The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court…
NDAA National Prosecution Standards – 2nd Edition Download Publication This is the most recent version of the National Prosecution Standards by the National District Attorneys Association. The standards are currently being considered for possible revision and will soon be available for sale on this Web site. It is improper for a…
Assessing Malingering and Miranda Rights WaiverApril 24 (VA) If you want to get away from the cold and visit a pretty place, you might want to check out this excellent training down in Charlottesville, Virginia. Richard Rogers, whom most of you all know as a leading forensic psychology practitioner and…
Reference Manual on Scientific Evidence (2d ed. 2000), Federal Judicial Center. A third edition is in the works.
A little off message, but I suppose this item could be squeezed into previous posts about forensics. No longer "death by natural causes": The Associated Press writes, "police and medical examiners who thought a man died of natural causes changed their minds after funeral-home workers found bullet holes in his…