Posts tagged: Evidence

Evidence issues for 2012

Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year.

  1. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions
  2. Confrontation Clause: More Notice and Demand Rules?
  3. Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the Scope Of Dying Declarations
  4. Circuit Split: Waiving An Objection to a Stipulation Under the Confrontation Clause
  5. Circuit Split: Admission Of Pre-Miranda Silence
  6. Circuit Split: Whether the Rule of Completeness Allows Inadmissible Evidence to be Admitted?
  7. More Judicial Criticism of the “Inextricable Intertwinement" Theory
  8. Rule Amendments: “Restyling” Federal Rules of Evidence
  9. Pending Rule Amendment: FRE 803(10) – Absence of Public Record
  10. Cameras In The Courtroom: Increasing Requests for Televising Supreme Court Proceedings

I’m surprised that the recent MCM amendments didn’t include some sort of ‘notice and demand’ rule under R.C.M. 703(b) regarding “forensic” evidence, reports, and experts.  See item 2.  It seems a simple rule to adopt and would allow for some clarity before trial in trial preparations.  Maybe they assumed it would be a waste of time because a defense counsel will always ‘demand.’ 

I expanded more for the trial practitioner on item 7., here.

Here is a link to last years list.

The Next Big Confrontation Clause Case

For all us evidence/confrontation clause geeks, the Supreme Court heard oral arguments in Williams v. Illinois. Here is a brief report from the Washington Post. Based on two cases last term, Michigan v. Bryant and Bullcoming v. New Mexico, the Court is quite divided on the issue and the the outcome of this latest case could have important consequences for military practitioners. Stay tuned.