CAAF has decided three cases, Blazier of course being one of them. I was the trial defense counsel in the case so no comment from me on the case so far. Here is the brief for petitioner in Bullcoming v. New Mexico. Professor Friedman has posted this at his excellent confrontationblog site. I had anticipated CAAF might await a decision in Bullcoming. But, in discussions with DMLHS last night it appeared that Bullcoming wouldn’t likely be argued until early 2011, and there are a potential lot of military cases building up.
United States v. Staton decided this issue:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN ADMITTING EVIDENCE THAT APPELLANT MAY HAVE ATTEMPTED TO KILL OR INJURE THE ORIGINAL TRIAL COUNSEL.
The court comes to a conclusion that, “We conclude that both in concept and in the circumstances of this case, the evidence of prosecutor intimidation raises an inference from which a factfinder could reasonably infer consciousness of guilt.” It did not hurt the court’s analysis that the military judge took steps to give a limiting instruction.
United States v. White decided issues of relevance.