Here is the FR.
Court-Martial Trial Practice Blog
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
Reasonable expectations
Here is an interesting opinion from the Sixth about the reasonable expectation of privacy in items transmitted or available through Limewire (or similar P2P programs). There is none, compared to other ways stuff gets onto a computer – in the Sixth. Defendant had no reasonable expectation of privacy in his…
No probation? Why not?
Well, the military has a sort of probation, but it’s not well formalized. Suspending a sentence is a form of unsupervised probation. Maybe some more detailed supervision would be appropriate. No reason a commander can’t do that already – conditions on suspending punishment. Also, the Services – well the Air…
Resource
I follow Prof. Colin Miller’s EvidenceProf blog daily. Didn’t realize it until now, but his “work” is available in eBooks for Legal Education. This is a product from the Center for Computer Assisted Legal Instruction, and some of it appears to be free.
Confrontation and lab reports
Here is an interesting opinion regarding expert testimony in DNA examinations. Young v. United States, in the DC Court of Appeals.