A little off topic, but still a useful reminder for drug or DUI cases in the military. From the L.A. Times: Crime lab officials said the “human error” occurred over nearly five months and led to mistakes in the forensic examination of blood alcohol content. But they insist the miscalculations were…
The aftermath of Tailhook is well documented, as is the connection to potential fallout to the innocent. See Kingsley R. Browne, Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse Than The Disease, 14 DUKE L. J. GENDER & POL. 749 (2007). http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1128&context=djglp
Not an uncommon trial counsel theme when a client has testified. Recently, the Fourth Circuit considers a prosecutor’s closing argument based on the trial evidence in which the defendant “lied” under oath; circuit notes again that this argument is improper, although the error in this case did not constitute plain…
Be it context, or something else such as human lie detector testimony, prosecutors often seek to go too far with law enforcement testimony. Second Circuit highlights two important issues concerning law enforcement testimony: first, an officer may not provide lay testimony that is based upon “specialized training and experience”; and…
Does this happen – has it happened to you? The complaining witness has a Facebook or other social media page, or texts on their phone, or emails — and they complaining witness decides to delete them (or does so because law enforcement or a “victim advocate” tells them to). Why…
After an extensive investigation involving numerous intercepted recordings, to what extent can an agent provide opinion testimony about the meaning of the recordings? In reversing a conviction for a murder for hire conspiracy, the Sixth Circuit joins five other circuits (Second, Fourth, Eighth, Ninth and D.C.) in disallowingFRE 701 to permit…
A trial is intended to be a win at the trial level. Good trial lawyers never litigate just for an appeal, but at the same time must remember to preserve error for appellate review in case. The Military Rules of Evidence allow for admission of obectionable hearsay (evidence) in some…
False memories are a problem, especially in criminal trials. False memories can be created intentionally or through poor interview techniques (which I consider sort-of-intentional), and unintentionally because that is how the human brain can work. To quote Prof. Loftus: We all have memories that are malleable and susceptible to being…
I have posted – perhaps ad nauseum – about objecting to context setting testimony of law enforcement witnesses: it allows the prosecution to smuggle in all kinds of hearsay and objectionable information, designed to affect the members. The typical answer to this skunk thrown in the “jury box” is not…
You will remember the National Academy of Sciences on report on forensic sciences that caused a – temporary – uproar. The Texas Star-Telegram reports on 11 August 2013: Across the nation, more than 70 exonerations have involved the improper use of hair sampling — a practice, now considered “junk science,”…