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…
Military (Federal) Rule of Evidence 803(3) provides an exception to the rule against hearsay for A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of…
The Inspector Rutledge detective stories are a favorite of mine. To quote an Amazon review: [T]he books are set in the period just after the First World War, and Inspector Rutledge is a veteran of said conflict. Even more unique, he’s haunted by the ghost of one of his subordinates,…
From my very first opinion on this Court, I have consistently concluded that Mil.R.Evid. 410 must be applied broadly to be consistent with its purpose. United States v. Barunas, 23 M.J. 71, 75-76 (CMA 1986). See also Fed.R.Evid. 410. Speaking for the Court in Barunas, I said: The general purpose…
Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions Confrontation Clause: More Notice and Demand Rules? Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the…
NMCCA has decided United States v. Owens. The appellant asserts that the attorney-client relationship with his detailed trial defense counsel was terminated without good cause, leaving the appellant legally and factually without post-trial representation. The basis for the appellant’s claim is that substitute counsel failed to establish an attorney-client relationship…
To stay out of trouble. To work hard for you clients. Labor Department employment statistics released Friday show that young veterans continue to have serious and growing problems finding work in a tight job market, while older veterans are doing better than the general population. Thanx, Marine Times.
The newly revised UCMJ is here. Thanks to CAAFLog.
Waive it or raise it at work – and at a court-martial under the UCMJ. Judge Ed Carnes for the Eleventh Circuit in United States v. Rodriguez, No. 08-16696, Dec. 22, 2010: This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the…
Takepart notes: Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout…