BAH/TAD fraud cases cane be complex for a lot of different reasons. But here is a reminder of one aspect from the Coast Guard Court of Criminal Appeals in, United States v. Peters. This is actually a common mistake by the prosecution when charging fake receipts, and when charging for…
Court-Martial Trial Practice Blog
Over-egging the argument
Some prosecutors get carried away with their mission and over over-egg their argument. In a winnable case it shouldn’t be necessary. If you’ve got a bad case, but get a conviction it may lead to reversal. Here’s another example. A Connecticut appeals court decided to send a message to a…
Prosecutorial misconduct
I posted a while back about the Texas prosecutor arrested and being prosecuted for Brady violations. Here is a link from Prof. Berman about The investigative journalism website ProPublica has now published another installment in its notable series of pieces concerning the problems of prosecutorial misconduct. The series is titled…
History in the making
Here for the historians among us. Mutiny on the Bounty records.
Most recent Manual changes
Here is the FR.
Sexual assault legislation
Megan Scully at Roll Call. At last count, Defense Secretary Chuck Hagel said he had reviewed 10 separate bills addressing the problem of sexual assault in the military’s ranks. Here is a rundown of some of the legislation lawmakers are pushing on Capitol Hill:
Enforcing Brady?
Here is a piece about a former Texas prosecutor who has been arrested and is being prosecuted for Brady violations.
More on Brady
The New York Times Sunday Review has an interesting piece about Brady, and the new practices being followed in North Carolina and Ohio to put in place a robust open file policy.
Ask the members
Judges confronted with allegations of racial or ethnic bias among jurors are allowed to investigate the claims, the District of Columbia Court of Appeals ruled yesterday. The opinion created a new exception to case law historically barring judges from questioning jurors about their process. h/t The Blog of Legal Times.…
Worth the read
“That’s the Guy!”: Federal Rule of Evidence 801(d)(1)(C) and Out-of-Court Statements of Identification Found in 34 CARDOZO L. REV. 1539