tag:blogger.com,1999:blog-34853720.post2323596219105997824..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Wuterich Oral Argument ScheduledDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-34853720.post-82004770229373119062009-06-07T22:00:15.538-04:002009-06-07T22:00:15.538-04:00Anon 1043: There is an intervening step before de...Anon 1043: There is an intervening step before determining whether privilege exists. That would be determining that the evidence is relevant and necessary.egnhttps://www.blogger.com/profile/00780985351955990209noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-2327956304526704012009-06-07T10:43:30.130-04:002009-06-07T10:43:30.130-04:00Egn: In this case 3rd party CBS admits the footag...Egn: In this case 3rd party CBS admits the footage exists, the defense admits the footage exists so the next step would be to determine if a priv. exists.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-59477164535561467032009-06-05T18:58:06.565-04:002009-06-05T18:58:06.565-04:00Where are the briefs? They should be interesting....Where are the briefs? They should be interesting.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-86732250782980758502009-06-04T05:56:59.424-04:002009-06-04T05:56:59.424-04:00"Nice to have" is not a standard."Nice to have" is not a standard.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-57029319869282647802009-06-03T21:54:01.396-04:002009-06-03T21:54:01.396-04:00I don't see how NMCCA even gets to the so-call...I don't see how NMCCA even gets to the so-called "reporter's privilege" issue when Judge Meeks already determined that the information was only "nice to have." <br /><br />The standard for determining whether a party is entitled to evidence through compulsory process under RCM 703(f)(1)is "relevant and necessary." If the outtakes were cumulative of other statements the accused made, they may very well be relevant, but it's doubtful whether they are necessary.<br /><br />The issues call to mind a similar set of circumstances in a case CAAF decided in 2004, U.S. v. Rodriguez, 60 M.J. 239 (2004), except in that case, it was the defense who sought outtakes from a NBC Nightly News broadcast. Before reaching the newsgathering privilege issue, CAAF determined that the defense failed to show that the outtakes existed, and were therefore relevant and necessary.egnhttps://www.blogger.com/profile/00780985351955990209noreply@blogger.com