If a witness fails to object? What if the witness has discussed all with the prosecutor? Anyway . . . Fourth Circuit concluded it did not need to determine the scope of the psychotherapist-patient privilege since the respondent had waived any privilege; circuit notes the obligation "to timely assert the…
An outspoken congressman says he is troubled by allegations the Marine Corps commandant and his legal advisers manipulated criminal cases stemming from a vulgar war-zone video. http://www.marinecorpstimes.com/article/20130708/NEWS05/307080023
http://moritzlaw.osu.edu/students/groups/osjcl/issues-and-articles/volume-102/
Federal Evidence Review is one of many websites I review on a regular basis. The blog has, “noted how the lower courts continue to grapple with the application of the Confrontation Clause to expert testimony based on the lack of clarity from recent Supreme Court cases. See, e.g., Confrontation Clause:…
Yes is the simple answer. The harder answer is why, and how do you tell. As I always say, the first question to consider is motive. If you have a motive, a lot must follow to corroborate the motive. Here is an article from the FBI Law Enforcement Bulletin about,…
Prof Colin TG Miller has this post. In Crane v. Kentucky, the Supreme Court found that: "[w]hether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation Clauses of the Sixth Amendment, the Constitution guarantees criminal defendants a meaningful opportunity to present…
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…
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…
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…
Here for the historians among us. Mutiny on the Bounty records.