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Court-Martial Trial Practice Blog

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Alcohol in sexual assault cases

I take some back, almost. Again I was looking at the NKO Criminal Law Division’s practice tips and I came across this one dealing with the ““Blackout” defense to alcohol facilitated sexual assault.”  No, it’s not.  This title implies that the accused has deliberately gotten the complaining witness drunk.  This…

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Mexico – travel restrictions

Here’s an interesting Order published at Goodfellow AFB, which prohibits military personnel assigned to the 17th Training Wing from traveling to certain parts of Mexico. [T]he border areas of Mexico, including Tijuana, Nogales, Juarez, Nuevo Laredo, Acuna, Piedras Negras, and Reynosa/Matamoros. All active duty members, reservists and guardsmen in Title…

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Trial Counsel argument on the merits

Colin Miller, Thieves Like Them: Court Of Appeals Of Minnesota Explains The Boundaries Of Proper Prosecutorial Comment During Closing, 17 April 2009. It is well established that a prosecutor may not belittle or disparage the defendant(‘s case) during closing argument. At the same time, "[a] prosecutor has discretion to fashion…

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