Articles Posted in Uncategorized

Need we say more
Philip D. Cave

Timothy Hennis filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Hennis is confined at the United States Disciplinary Barracks in Fort Leavenworth, Kansas (“USDB”). He challenges his 2010 conviction by general court-martial for a triple murder that occurred in 1985. Petitioner mainly claims that the military…

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Is that government testifying about reliable psychological testimony
Philip D. Cave

Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test. So says a report in The Guardian. Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test. Here is…

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Spousal privilege
Philip D. Cave

The NMCCA has issued an interesting published opinion on a government appeal. United States v. Rios. From the opinion. The appellee is currently facing trial by special court-martial on numerous charges regarding larceny from the Marine Corps Exchange (MCX) on Camp Pendleton, California. He is alleged to have conspired with his wife to commit larceny[.]…

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I thought prosecutors knew they couldn’t comment on exercise of right to silence
Philip D. Cave

At trial, the Government repeatedly sought to use Edwards’s silence after he was Mirandized as substantive proof of guilt as well as for impeachment purposes. Over Edwards’s objection, the Government emphasized in its closing that Edwards had remained silent after law enforcement showed him the contents of the suitcase, suggesting a culpable state of mind.…

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Worth the Read-Brady issues
Philip D. Cave

Brady Reconstructed: An Overdue Expansion of Rights and Remedies Leonard Sosnov Widener University – School of Law 2014 New Mexico Law Review, Vol. 45, No. 1, 2014 Abstract: Over fifty years ago, the Supreme Court held in Brady v Maryland, 373 U.S. 83 (1963), that the Due Process Clause requires prosecutors to disclose materially favorable…

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Worth the Read–Cellphones
Philip D. Cave

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 the police must obtain a…

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Interesting reading on drunk sex accusations
Philip D. Cave

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 so.

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An interesting civil action
Philip D. Cave

Doe v. Regents of the University of Southern California San Diego While the Court respects the university’s determination to address sexual abuse and violence on its campus, after reviewing the Administrative Record, the Court finds that in this particularly case, the hearing against petitioner was unfair.

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New CAAF grant
Philip D. Cave

No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE CONCLUDED APPELLANT’S…

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