I sometimes cringe when the circumstantial evidence instruction is given about waking up and the grass is wet. In some neighborhoods, all that means is that people’s lawn sprinklers have been on during the night or early morning, not that it rained in the night. Sometimes I make that point…
Here is a piece by two titans of science in the courtr00m, with due deference to my former evidence professor, Paul Gianelli. Confronting Science: Expert Evidence and the Confrontation Clause Jennifer Mnookin University of California, Los Angeles (UCLA) – School of Law David H. Kaye Penn State Law February 23,…
The ever pithy Prof. Colin Miller has an excellent post about issues under Mil. R. Evid. 1004. The best evidence rule is now in Mil. R. Evid. 1004. The rule requires originals, not and/or, unless the original is lost or destroyed. So, when you object make that distinction clear. Prosecutors…
Anything by Prof. Leo is well worth the read. Leo on Interrogation Contamination Richard A. Leo (University of San Francisco – School of Law) has posted Why Interrogation Contamination Occurs (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the abstract: The problem of police interrogation contamination (disclosing…
Occasionally the prosecution wants to use court records, There is an evidentiary exception that can apply. But, what about the Confrontation Clause? Federalevidence review has a post on that. Eighth Circuit reverses conviction for being an accessory after the fact by assisting another (Clark) in avoiding apprehension for committing a…
The general rule is that you are stuck with the record on appeal and can’t supplement it with new or additional facts. There are however some limited exceptions to the general rule for items of appellate judicial notice. Here is a short piece discussing some of the exceptions. An example…
The various breath test instruments used by the military and civilian police are subject to challenge, for a number of reasons. Here’s a “report” about the Intoxilyzer 8000 courtesy of PS.
Prosecutors ask CID, NCIS, OSI, CGIS agents all the time why they didn’t believe the accused in the interrogation. The answer often is a variant of, “he was nervous.” Yeah, right. First they are told and usually escorted to the LE office. The escort won’t tell them why or what’s…
http://www.denverda.org/dna/DNA_Nonhuman.htm Thanks to BW, who shall remain otherwise anonymous.
The Rule in Queen Caroline’s case is inconsistent with the present intent of Mil. R. Avid. 613(b). But the rule is still applied (IMHE) in courts-martials and in a split of federal circuits. We may be headed back in time. Schaffzin on the Return of the Rule in Queen Caroline’s…