Friday, September 28, 2007

Harrow QP

We previously discussed the cert petition in Harrow v. United States, No. 07-404, here.

Here's the QP in the Harrow cert petition:

Whether the Court of Appeals for the Armed Forces erred in finding harmless error despite determining that the trial court made three, erroneous, critical rulings—namely:

(1) that the trial judge erred by preventing the defense from impeaching the testimony of the deceased baby’s father (the only other person present during the alleged shaking incident) with prior inconsistent statements regarding the baby's interactions with Appellant and regarding the baby's cries after Appellant left the house;

(2) the military judge erred by denying a defense motion in limine to exclude the testimony of various witnesses regarding Appellant’s pattern of minor parental abuse where the testimony constituted inappropriate character evidence that was unfairly prejudicial.

(3) the military judge erred by allowing the prosecution's expert witness to present inadmissible profile evidence that placed Appellant in the profiled category and excluded the deceased baby’s father—the only other suspect—from the profiled category.

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