All Episodes
Litigator Libations — 110 episodes
110 - The "Bad Faith" Exception (Johnson)
109 - Prior Consistent Cocktails, I Mean Statements (Brown)
108 - Devilish Dates: Panel Randomization and Kershaw
107 - Res Gestae for Sexual Assault Cases & Post Trial Motions
106 - A Whole Lot of “Chutzpah”
105 - Sex Dolls & Rights Invocations (Rocha IV and Hurtado)
104 - Nothing New Here...
103 - Improper Argument Strikes Again
102 - Get it Together, for Efficiency's Sake!
101 - "Moore" Clarification/Confusion on Mendoza
It’s our 100th Episode!
To Be, or Not to Be (Arbitrary)?
98 - Waiving Goodbye to Errors - and 2025!
97 - Alcohol and Bad Decisions (Ruiz and Gonzalez)
96 - Did Downum Change the Permissive Inference?
95 - Discovery Considerations following Roan and Secord
94 - How U.S. v. Casillas Clarifies (or Confuses) U.S. v. Mendoza.
93 - U.S. v. Saul; U.S. v. Navarro-Aguirre; and U.S. v. George
92 - US v Patterson; US v Dillenburger; and Reverse 404(b)
91 - US v Johnson; US v. Thomas; and Objecting to the Permissive Inference
90 - U.S. v. Taylor; U.S. v. Harborth; and Considering "or" in Specifications
89 - United States v. Brinkman-Coronel and MRE 513 and Family Advocacy Records
88 - United States v. Hunt and M.R.E. 105
87 - United States v. Shafran and Sexual Harassment as Free Speech
86 - United States v. Caswell and Public Trials
85 - United States v. Urieta, United States v. Valentin-Andino, & Prior Statements
84 - United States v. Greene-Watson and the Marital Privileges
83 - Free Speech Law in Military Justice & Your Client's Online Presence
82 - United States v. Campos and MRE 404(b) regarding Charged Conduct
81 - United States v. Davis and Victims at Motion Hearings
80 - United States v. Shelby; Firearm Prohibitions; and Meaningful Mitigation
79 - United States v. Rocha and Updates from the 2025 NDAA and EO 14130
78 - United States v Doroteo (AFCCA) and Sex Offender Registration as Mitigation
77 - United States v. Wells and Child Witnesses
76 - United States v. Hirst and the Novel Offenses Doctrine
75 - United States v. Guihama and Character Evidence
74 - United States v. Flanner and Preparing the Client
73 - United States v. Smith and Objecting to Arguments in a Judge Alone Forum
72 - United States v. Mendoza and Member Instructions
71 - United States v. Strong and Undue Influence
70 - H.V.Z v. United States and Lt Col Ghiotto on Hearsay
69 - United States v. Grijalva (Preemption Doctrine & First Amendment Issues)
68 - Diaz v. United States and R.C.M. 913(c) (Viewings and Inspections)
67 - US v Keago, US v Metz, Smith v Arizona, and US v. Rahimi
66 - US v Cole, US v. Moore, and Article 58a
65 - US v. Wilson and Witnesses Who Take the Fifth
64 - US v. Rocha and Breaking Down the Charges
63 - US v McNulty (NMCCA); US v. Csiti (AFCCA); and Expanded Appellate Rights
62 - In re B.M. and Starting Your Sentencing Argument
61 - US v. Palik and the Relevance and Use of "Not Hearsay" Statements
60 - U.S. v. Driskell and Getting Concessions on Cross-Examination
59 - United States v. Ramirez and the New Rules for Victim Impact Statements
58 - In re RW; Maximizing MRE 412; and Firearm Prohibition Update
57 - United States v. Buhl (ACCA) and an Elements Checklist
56 - Smith v. Arizona and Sentencing Cases
55 - United States v. Harborth (N-MCCA) and Firearm Prohibitions
54 - Victim Status under Article 6b and Impeachment with a Newspaper Article
53 - Executive Order 14103 and Expert Witnesses
52 - United States v. Brown and Victim Writs
51 - United States v. Warda and Character Evidence
50 - United States v. Cabuhat & Refreshing Recollection v. Impeachment
49 - United States v. Harrington and Voir Dire; The Intro
48 - United States v. Jeter and Obtaining Appellate Defense Counsel
47 - US v Anderson; US v Smith; and The Clergy Privilege
46 - Counterman v. Colorado & RCM 707 v. Plea Agreement
45 - United States v. Talkington & Waiver of Privileges
44 - United States v. Shields & Group Voir Dire
43 - US v Kim and Unopposed MRE 412 Motions
42 - Catching Up on Cases & Complex Prior Inconsistent Statements
41 - United States v. Lara and the Combative Witness
40 - United States v. Lattin and Taking Notes at Trial
39 - McDonnell v. Maryland and Open Ended Questions on Cross
38 - United States v. King and Handling Nonsense Answers on Cross
37 - United States v. St Jean and Prior Convictions (MRE 609)
36 - US v Valentin-Andino and Handling "Gotcha" Statements at Trial
35 - United States v. Pyron & Authentication
34 - United States v. Brown and The Chapter Method
33 - U.S. v. Day and Presentation Techniques - Volume
32 - The FY23 NDAA & Presentation Part 3 - Pitch
31 - AFCCA Published Opinions in 2022 & Part 2 on Delivery - Pacing
30 - United States v. Black (Common Authority to Consent) & The Delivery
29: When an Acquittal is not a Win & Coordinating Conjunctions
Episode 28 - US v Bench and MRE 608(b)
Episode 27 - US v Nelson and Voir Dire
United States v. Palacios Cueto and the Lectern
DAFI 36-3211 and Part 2 of Prior Consistent Statements
Tekoh v. Vega (SCOTUS) and Prior Consistent Statements
Unanimous Verdicts; U.S. v. Whiteeyes; and Preparing your Client
Two SCOTUS Petitions; U.S. v. Tate; and Presence Sense Impressions
US v Nelson; US v. Horne; and Finding Your Story
US v Cooley; US v Edwards; and the Business Records Exception
United States v Beauge and Personal Knowledge
United States v. Simmons and Witnesses Refusing an Interview
United States v. Schmidt and the Learned Treatise
Unanimous Verdicts
United States v Hiser and So-You-Say Questioning
Hemphill v. New York & Refreshing Recollection Fails
United States v Quezada and MRE 803(3)
United States v Moratalla and Excited Utterances
Interpersonal Violence Task Force Report & Lay Opinions as to Demeanor
10. The No-BCD Special Court-Martial and Proving Up the Prior Inconsistent Statement
Episode 9: U.S. v. Kennedy and Opening Statement
United States v. LePore and the Rules of Completeness
United States v. Willman & the Confrontation Step in Impeachment with a Prior Inconsistent Statement
DNA Collection and the "credit" step in impeachment by prior inconsistent statement (Pt 3)
US v McPherson and the Mandatory COVID-19 Vaccine Program
Mandatory BCD in Plea Agreements & Pt 2 of Impeachment with Prior Inconsistent Statement
US v Begani & Prior inconsistent statements (pt 1)
United States v. Steen & Using Text Messages on Cross
Victim Impact Statements & Impeachment