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Articles Posted in tdy

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“Jury” instructions

From time to time I find a need to ask for a special instruction or a rewording of a BB instruction.  Here is a favorite, in BAH/TAD/TDY fraud cases: I have asked for (but not gotten) a “Consciousness of Innocence,” instruction in cases where there is evidence to support it…

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917 on steroids

In 1988 the Court of Military Appeals decided Griffith.  I have used the case from time to time, not often successfully.  But here is a recent example of what I call 917-on-steroids.  I was pleasantly surprised that it was the judge who first raised the Griffith possibility. R.C.M. 917 allows…

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