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Court-Martial Trial Practice Blog

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Motive to fabricate-a short explanation

Regardless of the type of case, motive to falsely testify of a primary witness is almost always of some relevance.  The recent case of Nappi v. Yelich, from the Tenth highlights that. The Sixth Amendment’s confrontation right, which applies equally to defendants in state prosecutions, “means more than being allowed to…

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Worth the Read–Cellphones

Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment’s Particularity Requirement, and Search Protocols for Cell Phone Search Warrants William Clark, Boston College, Law School, Students June 30, 2015 Boston College Law Review, Forthcoming Abstract: In 2014, in Riley v. California, the U.S. Supreme Court held that…

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Interesting reading on drunk sex accusations

http://www.theamericanconservative.com/dreher/too-drunk-to-have-sex/ http://www.slate.com/articles/double_x/doublex/2015/02/drunk_sex_on_campus_universities_are_struggling_to_determine_when_intoxicated.html Of course the danger for men in particular is enhanced by the fraud propagated during sexual assault training that one drink means no consent.  I think it fair to call this aspect of training a fraud because it is medically and legally false.  And, in my view knowingly…

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