The constitutionality of Article 119a, UCMJ, may be headed back to CAAF. But there is no guarantee CAAF will grant a petition. AFCCA has decided United States v. Cooper. In a short opinion relying on United States v. Boie, 70 M.J. 585 (A.F. Ct. Crim. App. 2011), pet. denied 70…
Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes Aviva Orenstein Indiana University Mauer School of Law Tamara Rice Lave University of Miami, School of Law September 7, 2012 Indiana Legal Studies Research Paper No. 209 University of Cincinnati Law Review, Forthcoming Abstract: In…
Thanks to Prof. Berman TG, here is a resource for collateral consequences of a conviction. Unfortunately there are only nine state jurisdictions and federal filled in – a ways to go on a useful project. Another place to look is SentencingProject.org. (Note, it will be necessary to “sherardize.”) , or…
The CAAF held that there is no right of confrontation at sentencing. The other rules do apply, such as hearsay, unless you relax the rules (something I rarely if ever do). United States v. McDonald, 55 M.J. 173 (C.A.A.F. 2001); United States v. George, 52 M.J. 259 (C.A.A.F. 2000). The…
As Prof. Colin Miller TG points out in a new post, Fed. R. Evid. 804(b)(6), applies to both sides. The Mil. R. Evid. contains the same language. For an example of a case in which the government forfeited its right to object to the defendant’s admission of hearsay from a…
“With respect to deviations from the model instructions in the Benchbook, we note that the military judge was not required to follow literally the non-binding examples therein. SeeUnited States v. Bigelow, 57 M.J. 64, 67 (C.A.A.F. 2002).” United States v. Simpson, 58 M.J. 368, 378 (C.A.A.F. 2003).
The NMCCA has issued an unpublished opinion in United States v. Belcher. This case has lessons for the defense and the prosecution. It appears the defense offered a PTA for nine months and included offers to testify against co-conspirators. The PTAO languished. Then, “a second trial counsel contacted the appellant’s…
Here, from Prof. Berman TG at Sentencing Law & Policy is a reminder about evidence in CP cases. I think most of us already do this, and a number of prosecutors already think of this. A notable Third Circuit panel ruling today in US v. Cunningham, No. 10-4021 (3d Cir.…
Estimating Gender Disparities in Federal Criminal Cases Sonja B. Starr University of Michigan Law School August 29, 2012 University of Michigan Law and Economics Research Paper Abstract: This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over…
And is it possible there may be no easy nights? 1. Is he a retiree, and thus potentially subject to recall for the purpose of prosecution under the UCMJ. Here is a Mil. L. Rev. article on Article 2(a)(4) and (6), UCMJ (2102), and check out the following: Person v.…