Comments on: Interesting NMCCA argument http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/ Covering the Military Justice System Thu, 09 Feb 2012 18:06:49 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Anonymous http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11131 Anonymous Mon, 21 Dec 2009 04:12:23 +0000 http://www.caaflog.com/?p=3897#comment-11131 Well, you'd need an expert to educate the panel that someone in a blackout state can consent. I don't think it's a bridge too far if you have a decent expert and decent facts. Well, you’d need an expert to educate the panel that someone in a blackout state can consent. I don’t think it’s a bridge too far if you have a decent expert and decent facts.

]]> By: Anon http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11128 Anon Mon, 21 Dec 2009 00:20:03 +0000 http://www.caaflog.com/?p=3897#comment-11128 While you are probably technically correct, I'm not sure I'd want to argue to a members panel that someone who was in a blackout state was consenting to a sexual act. Seems like the better argument is that they looked like they were consenting. While you are probably technically correct, I’m not sure I’d want to argue to a members panel that someone who was in a blackout state was consenting to a sexual act. Seems like the better argument is that they looked like they were consenting.

]]> By: Anonymous http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11127 Anonymous Mon, 21 Dec 2009 00:07:01 +0000 http://www.caaflog.com/?p=3897#comment-11127 An alleged victim in a blackout state can absolutely consent to an act of consensual intercourse. Passed out = inability to consent. An alleged victim in a blackout state can absolutely consent to an act of consensual intercourse. Passed out = inability to consent.

]]> By: Anon http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11125 Anon Sun, 20 Dec 2009 23:48:35 +0000 http://www.caaflog.com/?p=3897#comment-11125 I haven't listened to the argument, but concessions have no practical effect on an appellate court anyway. A concession will be ignored if the court believes the law does not support the proposition conceded. That said, even if a rape victim in blackout can not consent, she certainly can look like she's consenting and establish a reasonable mistake of fact as to consent defense. I haven’t listened to the argument, but concessions have no practical effect on an appellate court anyway. A concession will be ignored if the court believes the law does not support the proposition conceded.

That said, even if a rape victim in blackout can not consent, she certainly can look like she’s consenting and establish a reasonable mistake of fact as to consent defense.

]]> By: Anonymous http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11124 Anonymous Sun, 20 Dec 2009 23:10:53 +0000 http://www.caaflog.com/?p=3897#comment-11124 Strike my last comment - Appellate Defense Counsel recoverd during his rebuttal. Probably best to listen to the whole argument before posting. Strike my last comment – Appellate Defense Counsel recoverd during his rebuttal. Probably best to listen to the whole argument before posting.

]]> By: Anonymous http://www.caaflog.com/2009/12/20/interesting-nmcca-argument/comment-page-1/#comment-11123 Anonymous Sun, 20 Dec 2009 23:00:33 +0000 http://www.caaflog.com/?p=3897#comment-11123 Appellate Defense Counsel should not have conceded that consent does not apply if the complaining witness was in an alcohol induced blackout. A blackout is pertinent to whether information is transferred to long term memory storage, not whether the individual can appraise the nature of the sexual conduct at the time of the act. Appellate Defense Counsel should not have conceded that consent does not apply if the complaining witness was in an alcohol induced blackout. A blackout is pertinent to whether information is transferred to long term memory storage, not whether the individual can appraise the nature of the sexual conduct at the time of the act.

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