In general, motive can be described as an inward emotion, passion, or feeling in a person which “is likely to lead” that person to do an “appropriate act” as “an outlet” for this emotion. See J. Wigmore, A Treatise on the Anglo-American System of Evidence in Trials at Common Law…
If you have been falsely accused of a sexual offense you are not alone. I agree and understand that does not make your time in the hot seat happy, comfortable, or certain the truth will out. Here is an article about sexual offense investigation and prosecution in the U.K. U.S.…
Some may remember United States v. Denedo, where the appellant won at the Supreme Court, but then his appellate lawyer failed to file a petition to CAAF in time–out of court, done, no relief. So here’s an interesting Coast Guard case–United States v. Reese III. Reese filed a petition for…
“An order requiring the performance of a military duty or act may be inferred to be lawful and it is disobeyed at the peril of the subordinate. This inference does not apply to a patently illegal order, such as one that directs the commission of a crime.” The accused has…
I always tell clients that the specific sex offender registration requirements are complicated and depend on state law. Here’s a reason why. In New York a defendant can be forced to register as a sex offender for the rest of his life based on accusations a jury rejected. So the…
Why Facts Don’t Change Our Minds This is an interesting read on what I usually refer to as confirmation bias.
I have argued for some time that sex offender registration is punitive not merely collateral to a conviction. This morning, the US Supreme Court granted cert in Gundy v. US to consider whether Congress’s delegation to the attorney general the power to issue regulations interpreting the federal Sex Offender Notification and Registration Act…
During trial, the defense counsel make many decisions; sometimes there is an objection to evidence, sometimes not. How the appellate courts deal with allegedly inadmissible evidence depends on whether there was an objection at trial. If there is an objection the appellate court looks to see if the evidence was…
Since United States v. Hills, and then United States v. Hukill, the appellate courts have been trying to sort out quite a few cases on remand. Here is a list of the most recent CAAF actions. No. 18-0087/AF. U.S. v. Jonathan P. Robertson. CCA 39061. On consideration of the petition for grant of review…
Go to Army publications After a lengthy absence from the general public, the following are now, again, available to the public. (ACCA decisions are still not available. Army Lawyer. See, Lore of Corps, Special Edition, here. There is an interesting short piece on “Command Influence ‘Back in the Day.’ Consequently, The…