Wednesday, July 01, 2009

CAAF opinion alert

CAAF has issued its opinion in United States v. Paige, __ M.J. ___, No. 08-0805/MC (C.A.A.F. July 1, 2009).

8 comments:

Anonymous said...

"The defense turned the trial into a referendum on the credibility of the Government's witnesses . . ." (Stucky, J., dissenting).

If the government is going to send me to jail I certainly want to question their credibility, whether it's characterized as a referendum or otherwise.

Not long before some overzealous TC cites this language in arguing to a military judge that we shouldn't have a "referendum on credibility." Dumb, dumb, dumb.

John O'Connor said...

Two problems, Anon 1805:

1. (Most) trial counsel, and particularly the overzealous ones, don;t read appellate decisions.

2. Nobody cares at a court-martial what one judge said in a cioncurring/dissenting opinion.

Anonymous said...

Are you sure about that? Have personally seen TC's extol the virtues of Crawford, J., dissenting.

Anonymous said...

Uncontastjudidicated evidence. Good to see trial counsel can spell at a junior high school level.

Anonymous said...

Hey man-

"Uncontastjudidicated!"

I like it. But I am not sure I can use it in a sentence.

Anonymous said...

I like incontastjudicated too. I also like making fun of trial counsel. But I have no idea where this word, and thus the joke about trial counsel, came from.

Anonymous said...

Paige at 11-12. Not quite as bad as commentators made it out to be, but hey.

va loan said...

paige at 11-12 was a little overplayed.