CORE CRIMINAL
LAW SUBJECTS: Evidence: Suppression:
2019 (October Term)
United States v. Blackburn, 80 M.J. 205 (suppression arguments not raised at trial are waived under MRE 311(d)(2)(A), and preservation requires a particularized objection; this requirement ensures the government has the opportunity to present relevant evidence and develop a full record for review on appeal).
(an appellate court reviews a military judge’s denial of a motion to suppress evidence for abuse of discretion; an abuse of discretion occurs when a military judge’s findings of fact are clearly erroneous or his conclusions of law are incorrect).
(in reviewing a ruling on a motion to suppress, an appellate court considers the evidence in the light most favorable to the party that prevailed on the motion).
(the Fourth Amendment safeguards the right of the people to be secure in their persons, houses, papers, and effects; this protects against unreasonable searches and seizures and requires warrants to be supported by probable cause; absent probable cause, a court typically applies the exclusionary rule).
2012 (September Term)
United States v. Coleman, 72 M.J. 184 (the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution).
(the failure of the trial counsel to disclose evidence that is favorable to the defense on the issue of guilt or sentencing violates an accused’s constitutional right to due process; an appellate court reviews all such cases for harmless error - whether there is a reasonable probability that, had the evidence been disclosed, the result of the proceeding would have been different).
2007
2006