Regardless of the type of case, motive to falsely testify of a primary witness is almost always of some relevance. The recent case of Nappi v. Yelich, from the Tenth highlights that. The Sixth Amendment’s confrontation right, which applies equally to defendants in state prosecutions, “means more than being allowed to…
Court-Martial Trial Practice Blog
Worth the Read–Cellphones
Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment’s Particularity Requirement, and Search Protocols for Cell Phone Search Warrants William Clark, Boston College, Law School, Students June 30, 2015 Boston College Law Review, Forthcoming Abstract: In 2014, in Riley v. California, the U.S. Supreme Court held that…
Interesting reading on drunk sex accusations
http://www.theamericanconservative.com/dreher/too-drunk-to-have-sex/ http://www.slate.com/articles/double_x/doublex/2015/02/drunk_sex_on_campus_universities_are_struggling_to_determine_when_intoxicated.html Of course the danger for men in particular is enhanced by the fraud propagated during sexual assault training that one drink means no consent. I think it fair to call this aspect of training a fraud because it is medically and legally false. And, in my view knowingly…
An interesting civil action
Doe v. Regents of the University of Southern California San Diego While the Court respects the university’s determination to address sexual abuse and violence on its campus, after reviewing the Administrative Record, the Court finds that in this particularly case, the hearing against petitioner was unfair.
New CAAF grant
No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE MILITARY JUDGE ABUSED HIS…
New CAAF grant
No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE FINDING OF GUILTY FOR CHARGE…
An interesting confrontation issue
Are you at a base overseas? Do you have foreign national witnesses or foreign language documents as evidence in your case? United States v. Aifang Ye, No. 12-10576 (9th Cir. 2015) may be of interest to you. The court held that the defendant’s argument that the government’s failure to call certain…
Interesting FL case on SOR
Jershun v. State (FL).
DOD IG semiannual report
TheDOD IG Semiannual Report to the Congress has been issued for the reporting period of October 1, 2014, to March 31, 2015 is on line. The report complies with a requirement of the Inspector General Act of 1978, as amended. The report is a summary. DoD IG issued 103 reports,…
Today is leg day
6 June is Leg Day for Navy Appellate Defense. Happy leg day all.