How many times during a trial do you try to guess what the members are thinking, and what their decision is – I would suggest we do that many times throughout a trial. We do this because we are responding to a client’s comment about a look, a question, or…
Friend Christian Capece liked a post on Linked-In “The most dangerous phrase is, “we’ve always done it that way.”” That amused me because it immediately brought to mind United States v. Fosler. And Fosler came to mind so readily because I was just discussing litigating issues with some younger counsel,…
The title of the article which is a must read: Honest False Testimony in Allegations of Sexual Offences.
Cronin v. United States, __ F.3d ___ (Fed. Cir. Aug. 28, 2014), deals with claims for injuries sustained during or aggravated by conditions of service. It is noteworthy to me because, among a number of significant claims of physical injury, the plaitiff raises issues of PTSD for which she was…
For some time now each of the Services have been undergoing a draw-down. Naturally, you would think that they would cut those with significant misconduct or performance issues, and that there should be any number who would fit into that category. Here is an interesting piece about some of the…
Domestic violence is bad. But I would suggest that the issue is normally only dealt with as a women’s issue. This report should cause people to think – just a little bit – that men are not always the perpetrators, and that “alway believe the victim” – read the woman,…
“That the power to prosecute is a fearsome thing, and, when employed as political tool, is the quick road to tyranny.” Bill Otis, Politics & Prosecution, a Toxic Brew, 16 August 2014. I am not a libertarian, but I am one of the defense counsel and independent liberals Mr. Otis…
Prof. Colin Miller, one of my favorite bloggers on evidence, addresses a best evidence issue raised in People v. Haggerty, No. 129, (N.Y. 2014). Haggerty was accused of defrauding Mayor Bloomberg. During presentation of the prosecution case they called a witness to testify about the contents of a trust fund…
has published a symposium – articles related to military justice, specifically sexual assault cases. Both sides will find something in the articles. Of particular interest are two articles: Major Seamone’s article about secondary affect on military justice practitioners from over exposure to sexual assault cases, and Colonel Schenk’s disagreement with…
No this is not a comment on T. Scott McLeod’s book. Nor is it a comment on how to make providence work in your favor, although by the results it could be. Oh, sorry. Ya gotta read United States v. Stout, decided by ACCA on 25 July 2014. The accused…