The Ottawa Citizen reports on a new publication. The title of the new piece is, Former Office ‘amazed’ he stayed sane during court martial. Former infantry officer Robert Semrau, who was dismissed from the Canadian Forces for shooting a severely wounded Taliban insurgent on an Afghan battlefield, has ended a…
Court-Martial Trial Practice Blog
IAC
Andrea D. Lyon, The Promise of Effective Assistance of Counsel: Good Enough Isn’t Good Enough, The Champion, NACDL, June 2012.
Discovery
Proposed 18 USC § 3014, Duty to Disclose Favorable Information and Commentary Many recent cases have exposed the fact that federal prosecutors, whether through negligence or by design, all too often fail to abide by their constitutional duty to disclose information favorable to the defendant. To help ensure fairness in…
Favorite topic-investigator bias
Except in a slightly different context, but still a similar point. Errin Morris, Cognitive Biasl and Evaluation of Forensic Evidence, The Champion, NACDL, May 2012. Remember, USACIL and all the others get a full brief sheet on why the evidence should be tested and lots of facts. The subsequent testing…
Former testimony of LE at Art. 32?
Here is an interesting post from one of my favorite sites – federalevidence.com Testimony by arresting officer from defendant’s suppression hearing (regarding what the officer saw as the only witness to the defendant’s confession to the charged crime) should not have been admitted as FRE 804(b)(1) former testimony in defendant’s…
Prosecutorial discretion or power
h/t to Prof. Berman TG. The title of this post is the headline of this new New York Times segment of its series "Room for Debate." The NY Timesbrought together five leading lights to comment on this question (all of whom appear to supply variations on the answer "Yes"). Here…
Wikipedia as a reliable source
Well, I use Wikipedia for research. But, I use it “in some limited situations . . . for getting a sense of a term’s common usage." Fire Insurance Exchange v. Oltman & Blackner, Case No. 201004262-CA, 2012 UT App 230 (Utah App. 2012)(discussing the uses and reliability of Wikipedia as…
Stolen Valor
http://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-casehttp://verdict.justia.com/2012/08/17/teaching-and-learning-about-united-states-v-alvarez-the-stolen-valor-act-case
Denedo, Miller, Padilla . . .
Deciding what to advise an accused about deportation or sex offender registration is easy (isn’t it). But, Aguilar-Turcios v. Holder, might lead to a different conclusion. Justia.com Opinion Summary: Petitioner, a native and citizen of Honduras and a lawful permanent resident alien of the United States, petitioned for review of…
Worth the read
1. None of the Supreme Court Justices Has Battle Experience, Andrew Cohen, The Atlantic. This is the first of a two-part series on the Supreme Court and the military. Today’s article focuses on the military history of the men who later became justices. Part II will focus on the disconnect…