You have to love it, Thomas E. Ricks, Throwing money away from the problem, The New ForeignPolicy.com, 9 March 2009.
Remember, do not take fees in cash or by check from a client such as this. Get it on plastic, or from a relatives own funds.
There are several times in a trial when I might ask the judge for a no contact order, to sequester witnesses, or to prohibit witness contact during a break or recess in the trial.
I have a fairly standard format for rape and child abuse cases. These in my experience are the cases where the opportunity for witness contamination is at its apogee. Oftentimes you are arriving on the scene too late as the defense counsel because most of the damage has already been done. However, you should still be attempting to minimize damage. For the moment though I wanted to focus on what happens in trial when there is a break in the trial and a witness is still on the witness stand either for their direct, their cross-examination, their redirect, or might be back for rebuttal. And this point works both ways — for defense and for government.
My personal belief is that once someone has begun their testimony no-one should talk to them and they should be told by the judge not to talk with anyone, including talking with the lawyer who called them. I always ask that of the judge when a prosecution witness is involved, and I always tell that to my own witnesses if it happens to us. There are too many ways subtle and not so subtle that a person can respond to the "how am I doing question," for example.
Here’s a interesting reference to the Siegelman political prosecution case.
No Reversal Despite Juror Exposure To Internet Information, Media Accounts And E-mail, 10 March 2009.
The Supreme Court has decided Vermont v. Brillon.
The case is a Sixth Amendment speedy trial case.
The significant delays in the accused getting to trial were caused by Brillon's public defender counsel or himself. The bottom line issue is who is accountable for those delays — the government or the defense.
Prof. Colin Miller, Can I Get A(n Eye) Witness: 60 Minutes Story Exposes Problems With Eyewitness IDs, Evidence Prof Blog, 9 March 2009.
And the answer is, "Not very." The story detailed how Jennifer Thompson
Worth the read is Gustav Eyler, Gangs in the Military, 118 Yale L. J. 696 (2009).
Rod Powers, Gang Activity in the U.S. Military, About.com, 12 February 2008.
American Chronicle reports that Rep. Adam Schiff (D-CA) has proposed legislation called the Terrorist Detainees Procedures Act.
Here is the link to H.R. 1315.
Here is a link to the congressman's Guantanamo Detainees Procedures Act of 2005.
Yes, the Bluebook is now online, with yes, a paid subscription. A new annual subscription is $25.00. Subsequent annual renewals are
$15.00. Subscriptions of up to three years may be purchased at the
current rate.
Melanie D. Wilson, Finding a Happy and Ethical Medium Between a Prosecutor Who Believes the Defendant Didn't Do It and the Boss Who Says That He Did, 103 Nw. U. L. Rev. Colloquy 65 (2008).
The trial counsel (prosecutor)[n.1] works for the SJA, the SJA works for and advises the convening authority, the convening authority decides what cases go to trial and how they might be desposed of. I'd like to see the trial counsel try this recommendation.
Here's a link
to attorney Bridget Wilson's article on the model state code of military justice
for the National Guard, that is available on NIMJ's website.
BRIDGET J. WILSON, MODEL STATE CODE OF MILITARY JUSTICE FOR THE NATIONAL GUARD NOT IN FEDERAL SERVICE, Justice for the Military's Minotaurs 6/6/2007.
Court-Martial Trial Practice Blog
