Blog Posts in September, 2011
Posted on Sep 14, 2011 By Tim Bilecki
In Briscoe v. Virginia, 130 S.Ct. 1316 (2010) Mark Briscoe was convicted in a Virginia court for possession with the intent to distribute cocaine and unlawful transportation of cocaine into the ...
Continue reading "Violation of Confrontation Rights" »
Posted on Sep 12, 2011 By Tim Bilecki
Briscoe v. Virginia, 130 S.Ct. 1316 (2010) deals with literal confrontation. At trial, the prosecution introduced, in accordance with Virginia law and over defense objection, two certificates of ...
Continue reading "LITERAL CONFRONTATION" »
Posted on Sep 8, 2011 By Tim Bilecki
In United States v. Daniel Garcia, __ M.J. __, No. 1317 (C.G. Ct. Crim. App. June 3, 2010) Seaman Daniel Garcia was convicted, contrary to his pleas, of aggravated sexual assault and wrongfully ...
Continue reading "Denial of Request to Tape Record Article 32 Proceeding is Not a Volation of Confrontation Rights" »
Posted on Sep 5, 2011 By Tim Bilecki
In United States v. Elijah Garcia, 68 M.J. 561 (C.G. Ct. Crim. App. 2009) Seaman Elijah Garcia pled guilty to and was convicted of various offenses, including distribution of a controlled substance ...
Continue reading "Request to Tape Record the Article 32 Proceedings" »
Posted on Sep 2, 2011 By Tim Bilecki
The C.A.A.F. has recently granted review in three cases involving M.R.E. 412(b)(1)(C), which may indicate that the C.A.A.F. is reconsidering its decision in Banker. The cases, and the issues granted, ...
Continue reading "Recent C.A.A.F. Grants Involving M.R.E. 412 and Confrontation" »