Court-Martial Trial Practice Blog
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Corroboration
An item sometimes missed or perhaps not always explored in cases with a confession is the question of corroboration. Here is an Army case that discusses the issue quite well. The case recognizes that the amount of corroboration is small so it’s easy to gloss over the corroboration issue. Here is the value of the admonition to check the elements, do whatever “proof” chart you use, and take a moment to consider if the government can meet their burden to get past a motion. Also remember, that so long as made in good faith, such a motion becomes a discovery tool. A motion for a Bill of Particulars is not to be used purely for discovery, however, such a motion – again so long as made in good faith — in part gives some discovery. Anyway, back to Rosas.
United States v. Rosas, No. ARMY 20060075 (A. Ct. Crim. App. 14 July 2009).
Appellant was the leader of a conspiracy involving four other United States Soldiers, several U.S. citizens, and one or more Colombian co-conspirators. His offenses occurred over the course of a two-year period during which appellant was a mission supervisor on electronic surveillance flights over Colombia.
Fingerprint examination – expert testimony – admissibility.
We have jurisdiction under 28 U.S.C. § 1291. Concluding that the district court did not abuse its discretion in allowing the government to present expert evidence that a thumb print found on some of the contraband recovered by the authorities was a match to Baines’ print, we affirm the judgment of the district court.
United States v. Baines, No. 08-2098, 2009 U.S. App. LEXIS 15945, at *1–2 (10th Cir. Jul. 20, 2009).
McElhaney on Litigation
When the Judge Is the Jury: Your goals don’t change in a bench trial, but your techniques should, August 2009 issue of the ABA Journal.
Extent of a search for drug related information and computers
A search warrant for drugs and possible records of drug sales did not permit officers to enter defendant’s computer where the execution of the warrant produced no evidence of drug sales on the premises. (There was also a Franks violation because the officer represented a neighbor’s report of drug use and drug sales, but the remainder of the affidavit showed PC. Child porn was found on the computer.) United States v. Payton, 07-10567 (9th Cir. July 21, 2009).
/tip to fourthamendment.com blog for reporting this case.
SODDI
Does the SODDI defense work?
Here are some thoughts or considerations.
Elizabeth R. Tenney, Hayley M.D. Cleary, Barbara A. Spellman, "This Other Dude Did It!" A Test of the Alternative Explanation Defense, 21 The Jury Expert July 2009.
Witness preparation
Valerie Blum, Alexandra Rudolph, From the Conference Room to the Courtroom: How a Change in Setting Affects Witness Preparation, 21 The Jury Expert, July 2009.
Consciousness of guilt
Seventh Circuit determines that admission of an audiotape of robbery defendant beating and threatening the life of a potential witness was a “close[ ] call” but that its probative value in suggesting defendant’s guilty conscience “cannot be genuinely disputed” and that this evidence was not unfairly prejudicial despite the fact that one could hear the sounds of the beatings on the recording, in United States v. Calabrese, __ F.3d __ (7th Cir. July 14, 2009) (No. 08-2861).
/tip FederalEvidenceBlog.
Why we don’t do joint trials.
Confession(s) To Make: Florida Court Orders Separate Trials Of Former Football Players Based Upon Bruton Issues
In Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court held that when there is a joint trial of a defendant and a co-defendant, the admission into evidence of the non-testifying co-defendant’s out-of-court confession violates the Confrontation Clause of the Sixth Amendment if the confession incriminates the other defendant. This so-called "Bruton doctrine" explains why former high school football players in Bradenton, Florida were informed on Friday that they will have separate murder trials.
I remember in 1980 appearing with 11 other defense counsels and eight accused for a joint Article 32, UCMJ, hearing. Ultimately each of the cases was dealt with individually through dismissal of charges, PTA’s, trials.
I’m sure there have been some other joint Article 32, UCMJ, hearings. But, I think correctly, you aren’t going to see many if any joint trials. The piece by Professor Colin Miller indicates one of the problems often found in joint trials.
SCOTUS cases of interest.
I have previously mentioned several cases affecting military justice that will be argued next term.
Check the Maryland v. Shatzer SCOTUSwiki page throughout the summer for additional updates.