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In this episode we discuss CAAF's interpretation of the scope of the "duty-to-report" exception under MRE 513 and provide a brief discussion of the foundation for establishing that the witness has the requisite personal knowledge under MRE 602.  

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In this episode we discuss United States v. Simmons where the CAAF found that, based on the facts of the case, expanding the charged time frame by over nine months was a major change, and therefore prohibited under RCM 603.  We also discuss potential strategies for defense counsel when an important witness refuses to sit for an interview with defense counsel.  

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In this week's episode we discuss a 1-2-2 opinion from CAAF that addresses, but does not resolve, whether sexual abuse of a child, which may be committed by a lewd act done "in the presence of" the child, requires the child to be aware of the conduct.  We then discuss the "learned treatise" exception to the prohibition on hearsay.  

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This week Major Ryan Crnkovich steps in with an outstanding examination of unanimous verdicts in courts-martial after the Supreme Court's watershed case of Ramos v. Louisiana.  Major Crnkovich breaks down this complex issue with a walk through the significant case law and some excellent analysis.  

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In this episode we discuss the first case out of the Court of Appeals for the Armed Forces to discuss the new Article 117a (wrongful broadcasting of intimate images) and we discuss questioning witnesses in a way that conveys that we dispute their testimony without confronting the witness (and thereby allowing them to repeat or bolster their narrative).  Happy Listening!  

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In this episode we discuss the case of Hemphill v. New York, where the Supreme Court held that an accused did not waive his right to confront an absent witness when he offered  evidence that implied the absent witness was the true perpetrator of the offense.  
We then discuss how to respond when your witness refuses to remember a fact of consequence despite having their memory refreshed.

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In this episode we discuss the case of United States v. Quezada, where the appellant was convicted of a sexual assault (Article 120) and of false official statement (Article 107) for denying that the sex act that amounted to the sexual assault occurred.  The issue is whether the "false exculpatory statement" instruction undermined the appellant's presumption of innocence and right to due process . . . it didn't.  We then move on to discuss the hearsay exception for declarations of a then-existing mental, emotional, or physical condition.  

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This episode discusses the first opinion of the term from CAAF - US v Moratalla, where CAAF demonstrates that criminal law attorneys do not understand secured transactions.  The episode then goes on to discuss the often abused hearsay exception - excited utterances.  Happy listening!

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In November 2021, the Air Force's Interpersonal Violence Task Force issued its report regarding the way the Air Force handles allegations of various forms of interpersonal violence, ranging from verbal harassment to physical violence.  This episode discusses how the report may assist defense counsel in negotiating alternative dispositions in certain cases.  The advocacy portion of the episode focuses on the admissibility and use of lay opinions regarding the demeanor of a third party.  Enjoy!

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This episode discusses an Article from The Army Lawyer regarding the No-BCD Special Court-Martial and finally provides the fifth part of our five-part series on cross-examination with a prior inconsistent statement, in which we discuss proving up the prior statement.