Comments on: Cox Commission II and the issue that Anderson didn’t decide http://www.caaflog.com/2010/03/04/cox-commission-ii-and-the-issue-that-anderson-didnt-decide/ Covering the Military Justice System Sat, 11 Feb 2012 03:34:35 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Balkan Ghost http://www.caaflog.com/2010/03/04/cox-commission-ii-and-the-issue-that-anderson-didnt-decide/comment-page-1/#comment-12616 Balkan Ghost Mon, 08 Mar 2010 06:00:55 +0000 http://www.caaflog.com/?p=4932#comment-12616 Why shouldn't opposing counsel be able to go after each other's experts? If I am the gov't counsel, even if defense has the best expert in the business, I'd still hope that I could stoutly cross-examine that defense expert, and even attack their qualification to give certain opinions. That's advocacy. This issue is a non-issue. If the gov't attack is so fundamental as "you're not really an expert, are you?," then gov't is shooting themselves in the foot, since defense then has legitimate grounds in a 39(a) session to pause the trial until the gov't produces a real expert. Why shouldn’t opposing counsel be able to go after each other’s experts? If I am the gov’t counsel, even if defense has the best expert in the business, I’d still hope that I could stoutly cross-examine that defense expert, and even attack their qualification to give certain opinions. That’s advocacy.

This issue is a non-issue. If the gov’t attack is so fundamental as “you’re not really an expert, are you?,” then gov’t is shooting themselves in the foot, since defense then has legitimate grounds in a 39(a) session to pause the trial until the gov’t produces a real expert.

]]> By: Phil Cave http://www.caaflog.com/2010/03/04/cox-commission-ii-and-the-issue-that-anderson-didnt-decide/comment-page-1/#comment-12606 Phil Cave Sun, 07 Mar 2010 16:42:32 +0000 http://www.caaflog.com/?p=4932#comment-12606 You might. But this has happened in more cases than Anderson and none of the prosecutors in such cases felt the slightest bit of queeziness. I've had that experience and I know a number of active duty and civilian colleagues who had the experience. Very telling about the perception of military justice. Pity the Court appears to have moved away from the "perception doctrine." You might. But this has happened in more cases than Anderson and none of the prosecutors in such cases felt the slightest bit of queeziness. I’ve had that experience and I know a number of active duty and civilian colleagues who had the experience.
Very telling about the perception of military justice.
Pity the Court appears to have moved away from the “perception doctrine.”

]]> By: John O'Connor http://www.caaflog.com/2010/03/04/cox-commission-ii-and-the-issue-that-anderson-didnt-decide/comment-page-1/#comment-12534 John O'Connor Fri, 05 Mar 2010 00:56:07 +0000 http://www.caaflog.com/?p=4932#comment-12534 I assumed the case was going to be about the commission's main theme -- creating an article for abuse of pets. I assumed the case was going to be about the commission’s main theme — creating an article for abuse of pets.

]]> By: Anonymous http://www.caaflog.com/2010/03/04/cox-commission-ii-and-the-issue-that-anderson-didnt-decide/comment-page-1/#comment-12533 Anonymous Fri, 05 Mar 2010 00:53:23 +0000 http://www.caaflog.com/?p=4932#comment-12533 If I were a trial counsel, I'd feel a wee bit shady attacking the fundamental qualifications of the expert I gave to the defense. If I were a trial counsel, I’d feel a wee bit shady attacking the fundamental qualifications of the expert I gave to the defense.

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