Here is an interesting case from the Tenth, about cross-examination of a witness about a prior judicial “finding” that the witness was not credible — United States v. Woodard. The court states this basic principle from its own jurisprudence: The Sixth Amendment guarantees the right of a defendant to “be…
I received an initial eRelease of certain chapters from, The Attorney’s Guide to Defending Vets in Criminal Court, soon to be published in hard copy. Very interesting chapters devoted to PTSD. Here’s a tie in the United States v. Bales.
Here is an interesting case from the First, United States v. Cameron, decided 14 November 2012. The issue is confrontation and the admission of various internet provider records. I think this case helpful in litigating the paper that the prosecution seeks to use in CP cases. We thus presume that…
Here is a cheat sheet for character evidence under the Federal Rules of Evidence.
What Happens in the Jury Room Stays in the Jury Room . . . but Should It?: A Conflict Between the Sixth Amendment and Federal Rule of Evidence 606(b), Amanda R. Wolin, 60 UCLA L. Rev. 262 (2012).
Because rather than punish prosecutors, the courts shift the burden to the defense and provide excuses for the prosecutors. Prosecutors Hide, Defendants Seek: The Erosion of Brady Through the Defendant Due Diligence Rule Kate Weisburd, 60 UCLA L. Rev. 138.
The potential impact of Padilla v. Kentucky is ongoing. Two primary issues. Is the holding retroactive. The Supremes have that issue before it. Does Padilla extend the defense counsel obligations beyond immigration consequences? We know in the military from United States v. Miller what a defense counsel obligation is when…
A new piece on this difficult subject. Examining Shaken Baby Syndrome Convictions in Light of New Medical Scientific Research
Here is an interesting little piece. The outbreak of violence by individuals who seek to harm other persons or institutions cannot be reliably predicted today, the Defense Science Board said in a new report to the Secretary of Defense. Instead, efforts to counter violence should focus on prevention and mitigation…
on court-martial convictions. Here is another case in which a military prisoner has attempted to litigate his trial, and been denied. Faison v. Belcher (the former Commandant, USDB).