Court-Martial Trial Practice Blog

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).

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…