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The NMCCA has issued an unpublished opinion in United States v. Belcher.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.…
In all of the political and policy discourse about sexual assaults little if any attention is given to sexual assaults committed by women, usually on men. Here is an interesting article about the “discussion” about prison sexual assault. Can the same be said for non prison sexual assault views. Engendering…
I was thinking this morning about issues that a trial defense counsel ought to be aware of and/or know about for appeals. This evening I got a VACLE “tip,” entitled, Did You Know? What’s the most common reason arguments on appeal are not heard on the merits? The following was…
Several items of interest. Army Times reports: The first female soldier to flee the U.S. military for Canada to avoid the war in Iraq has been ordered deported, a spokeswoman for the War Resisters Support Campaign said Thursday. On the home grown terrorism front Air Force Times reports: Georgia prosecutors…
h/t Prof. Berman. http://sentencing.typepad.com/sentencing_law_and_policy/2012/08/what-should-a-registered-sex-offender-do-when-running-from-a-hurricane.html