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 analysis. The certificates established that a substance that was confiscated from Briscoe was cocaine of a certain weight. The person who actually performed the analysis was not present at […]
Denial of Request to Tape Record Article 32 Proceeding is Not a Violation of Confrontation Rights Historical case discussion: The decisions below concern the former Article 32 investigation procedure. Current Article 32 provides for a preliminary hearing and requires it to be recorded. A victim may decline to testify; the defense may cross-examine witnesses who […]
Request to Tape Record the Article 32 Proceedings Historical case discussion: The decisions below concern the former Article 32 investigation procedure. Current Article 32 provides for a preliminary hearing and requires it to be recorded. A victim may decline to testify; the defense may cross-examine witnesses who testify. The earlier recording rulings should not be […]
Sep 2, 2011 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, are: (i) United States v. Gaddis, CCA 20080150, No. 10-0512/AR (September 27, 2010). Issues granted: a) Whether the Military Judge erred by […]
In United States v. Roberts, 69 M.J. 23 (C.A.A.F. 2010) the issue was whether the military judge erred in excluding evidence of relationship such that it violated Robert’s constitutional confrontation rights. Before a military judge sitting as a general court-martial, Staff Sergeant Roberts pled guilty and was convicted of one specification of assault consummated by […]
In United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) the issue was whether Smith was denied his right to confront the accuser. Webster Smith, a Coast Guard Academy Cadet, was convicted, contrary to his pleas, of attempting to disobey an order, going from his place of duty, sodomy, extortion, and indecent assault. The charges […]
Witness Availability & Alternatives to Live Testimony Historical case discussion: This account concerns the former Article 32 investigation procedure and a 2010 decision. Current Article 32 governs a preliminary hearing, requires recording of the hearing and permits a victim to decline to testify. The older R.C.M. 405 provision quoted below should not be used as […]
Article 32 Recordings – Confrontation Clause/Due Process Historical case discussion: The decisions below concern the former Article 32 investigation procedure. Current Article 32 provides for a preliminary hearing and requires it to be recorded. A victim may decline to testify; the defense may cross-examine witnesses who testify. The earlier recording rulings should not be read […]
Article 32 Hearing Historical case discussion: The decisions below concern the former Article 32 investigation procedure. Current Article 32 provides for a preliminary hearing and requires it to be recorded. A victim may decline to testify; the defense may cross-examine witnesses who testify. The earlier recording rulings should not be read as the procedure for […]