Sun Sep 27, 2009, by John Ramsey, Staff writer, The Fayetteville Observer.

Sgt. Justin A. Boyle recognized the men who showed up at the Ugly Stick Saloon in July 2008.

Like the men Boyle had accompanied to the bar, they were part of his intelligence unit in the 82nd Airborne Division.

This is the name given to statistical errors that can arise when deciding the probability that a DNA sample is that of the accused.  This is potentially more meaningful than usual to Troy Brown who was convicted of sexual assault and attempted murder.  He has a twin brother.

This transposition of the conditional probability can produce results that range from the approximately correct to the grossly inaccurate. Without discussing the extent of the mathematical error, Mueller’s letter stated that this transposition was "so common it has been given a special name, the prosecutor’s fallacy."

Indeed, the fallacy abounds in the statements of judges, defense counsel, and journalists. Statistics textbooks, evidence casebooks and treatises, and judicial opinions all caution against it.

The Army grants the officer’s resignation under "other than honorable conditions"

By Gregg K. Kakesako,  Honolulu Star Bulletin, Sep 26, 2009

First Lt. Ehren Watada, the first commissioned military officer to refuse deployment to Iraq because he believed it was an illegal war, has won his three-year legal battle with the Army.

The title of a post on Military.com, September 23, 2009, by Ben Avey

YOKOSUKA, Japan – The Naval Criminal Investigative Service (NCIS) Far East field office has started a public information campaign to get the word out about rewards for information leading to the arrest and conviction of a person who commits or conspires to commit espionage. The rewards can run as high as $500,000.

In light of this incident – –

Feds: NC terror suspects targeted US military

file photo provided by the Department of Justice, Daniel Patrick Boyd is shown.

By MIKE BAKER, Associated Press Writer Mike Baker, Associated Press Writer

RALEIGH, N.C. – Two North Carolina terrorism suspects plotted to kill U.S. military personnel and one of them obtained maps of a Marine Corps base in Virginia to plan an attack, prosecutors said Thursday.

This is the title of a comment on Cory Yung’s Sex Crimes blog.

SCOTUSblog’s recent Petitions to Watch post, which lists cases that might be heard by the U.S. Supreme Court, includes a case raising constitutional issues with SORNA. The case, which we previously blogged about, is from the Seventh Circuit with an opinion by Judge Posner. You may view the opinion here and the petition for writ of certiorari here.

The issue the very important one of retroactivity.  I’ve had a number of clients or former clients contact me about the retroactive application.

Pretty easy right?  You do, you don’t.
Ohio Sex Battery Not A ‘Crime of Violence’?

Professor Jonathan Adler over at the Volokh Conspiracy has a post discussing the Sixth Circuit’s decision in United States v. Wynn, where a divided panel found that a defendant’s guilty plea to “sexual battery” under Ohio law was a not “crime of violence” for career offender purposes. You may read the Sixth Circuit’s decision here. From a post entitled Is “Sexual Battery” A “Crime of Violence”?:

The question would seem to answer itself. Isn’t "sexual battery," almost by definition, a violent act? That was my initial reaction when I read the opening of United States v. Wynn, a decision handed down by the U.S. Court of Appeals for the Sixth Circuit. Yet as it turns out, the question is not so simple, at least not given the relevant statutes and case law, and it divided the Sixth Circuit panel.

/tip Cory Yung’s excellent site on Sex Crimes.

Is a staff report filed Thu Sep 24, 2009, on FayObserver.com

The general court-martial for one of seven paratroopers accused of accidentally killing a fellow soldier is slated to begin Monday.

Sgt. Justin A. Boyle is the first service member to be tried in the death of Pfc. Luke Brown. Three other service members have taken plea deals.

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