Court-Martial Trial Practice Blog
Maybe.
It depends on state law – one party, all party permission; are you in a SCIF; or are you and the activity covered by 18 U. S. Code 2511?
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Internet), Will TravelFor a Free Consultation
Clearances go purple?
Transition of the Defense Industrial Security Clearance Office (DISCO) to the Department of Defense Central Adjudicative Facility (CAF)
Effective Oct. 27, 2012, the Defense Industrial Security Clearance Office (DISCO) will migrate to the DOD CAF [Central Adjudication Facility]. As a result of this migration a new version of the Joint Personnel Adjudication System (JPAS) will be deployed. All JPAS drop down menus and adjudicative decisions will reflect "DOD CAF" vice "DISCO".
Industry will continue to submit their e-QIP as they currently do. Personnel Security Investigations for Industry will continue to be adjudicated as before and there should not be any degradation of service.
Notice and demand rule change
Federal evidence review brings us information about a proposed change to Fed. R. Evid. 803(10), which by operation of Mil. R. Evid. 1102, will become “law” for courts-martial absent Presidential action (18 months after the effective date of any FRE amendment). This is an occasional issue in fraud and some theft cases.
[T]he draft amendment “would permit a prosecutor who intends to offer a certification to provide written notice of that intent at least 14 days before trial. If the defendant does not object in writing within 7 days of receiving the notice, the prosecutor would be permitted to introduce a certification that a diligent search failed to disclose" a public record or statement. Under this approach, the government would not have to produce a witness to testify about the absence of the record. The proposed amendment conforms with the "notice and demand" approach approved by the Supreme Court’s in Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), which called into question under the Confrontation Clause the admission of certificates to prove the absence of a public record to be used at a criminal trial.
Forensics
Here is a link to a useful site all about DNA.
And here is a link to the NIJ forensics site.
Constitutional history and such worth the read
For those interested in the history of the Constitution and its judicial interpretation, the George Washington Law Review has a:
COMMEMORATING THE 100TH ANNIVERSARY OF FARRAND’S RECORDS OF THE FEDERAL CONVENTION
edition. Volume 80, No. 5, includes:
The Ayes have it
The Supreme Court of Oregon has revisited its 30-year old rule that allowed for admission of eyewitness identification resulting from “unduly suggestive pretrial identification procedures.”
State v. Lawson consolidates two cases on the same issue, and decides en banc to recognize significant changes in the understanding and science of eyewitness identification.
The court discussed State v. Classen and its two-step five (nonexclusive) factors to consider whether an identification was “independent of suggestive procedures.” Classen had relied on Manson v. Brathwaite, 432 U.S. 98 (1977), wherein the Supremes “determined that reliability was the linchpin in determinations regarding the admissibility of identification testimony.”
False confessions
The November/December issue of The Jury Expert is out and online. There are three items which deal with false confessions.
The first has the intriguing title of
“Only the Guilty Would Confess to Crimes” : Understanding the Mystery of False Confessions
Teufelshunde
Here is a piece from Stars & Stripes about a Marine accused of sexual behavior with dogs as well as having child pornography.
Secession and security clearances
Here is Bill Henderson on secession “petitions” and security clearances.
DSS personnel have recently received questions from security personnel at cleared contractors about whether contractors should file adverse information reports pursuant to NISPOM paragraph 1-302 regarding cleared persons who sign petitions to allow a state to withdraw or secede from the United States.
It also appears that erroneous statements have been made to the effect that DSS is directing contractors to treat the signing of such petitions as reportable adverse information.