
Litigator Libations
Updates and tips on defensive litigation in military justice including discussing recent appellate decisions and providing advocacy tips.
Litigator Libations
92 - US v Patterson; US v Dillenburger; and Reverse 404(b)
In this week's episode we discuss one CAAF case, one N-MCCA case, and the reversing the script on MRE 404(b). The CAAF case is United States v. Patterson, where CAAF declines to second guess the AFCCA on factual sufficiency because it is statutorily restricted to reviewing questions of law. The N-MCCA case has several issues, including the permissive inference in a no-BCD SPCM, the Confrontation Clause, and the Constitutionality of a mandatory no-BCD SPCM in a drug case. We then hear from Raquel Muscioni on utilizing M.R.E. 404(b) to prove up motive, competence, or other non-character matters pertaining to government witnesses.