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A “study” in the effects of confirmation bias, victim-centered investigations, or flawed investigations followed by a flawed judicial process? N. P. Kirillova and E. N. Lisanyuk, Truth and Legal Argument in Fydor Dostoevsky’s The Karamazov Brothers. 48 Bulletin of Tomsk State Univ., 193-204 (2019). There were several reasons of the judicial error. The court investigator…

The Army TJAGSA Criminal Law Deskbook is now online. The cover notes that the DB “reflects changes” to the MJA effective 1 January 2019. The .pdf file is bookmarked. Interestingly, Part B of the Introduction has a justification for a separate military justice system. They say there is a need for speedy trial–a need not…

The harmful effects of law enforcement tunnel vision do not end with wrongful convictions. Tunnel vision also undermines community trust in the police and damages an already fraught relationship. In a sexual assault case, real victims are actually harmed when false allegations are buttressed by so-called “victim-centric” investigations. When false reports are “substantiated” others watching…

Ordinary Causation: A Study in Experimental Statutory Interpretation Indiana Law Journal, Forthcoming 73 Pages Posted: 9 Apr 2019 Columbia Law School Date Written: March 14, 2019 Abstract In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with…

The Navy is establishing a new uniform for all detainees and prisoners in a Navy Brig (currently Charleston, Miramar, Chesapeake consolidated brigs). https://www.wearethemighty.com/military-culture/navy-uniforms-issued-in-brig

United States v. Vick, ACCA 2019. Prosecutors and convening authorities require an accused to plead guilty to charges which the accused is not provident, but it’s a take it or leave it deal and the accused dutifully complies, only to have the whole process go awry. Is Vick such a case of unreasonable requirements from…

Appellant argues his trial defense team was ineffective. Appellant’s argument involves mistaken identity, fraternal betrayal, technological mystery, and a healthy dose of bad luck. The argument is ambitious and engaging, it is also wrong. United States v. Carter, ACCA 2019.

As will be seen, this court-martial was a mess on several levels. Before discussing the facts surrounding appellant’s offenses, we are required to determine which specifications now remain before this court. See United States v. Solomon, ACCA 2019.

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Appellant challenges the factual sufficiency of his conviction for sexually assaulting MB. We have reviewed the evidence, which includes a video-recording of appellant’s sexual encounter with MB. The video-recording demonstrates that MB repeatedly gave audible consent—or at least what reasonably appears to be audible consent—to sexual intercourse with appellant. Considering this evidence, we are not…