text:
Friday, January 19, 2001, Chandigarh, India
presidents election put off amid boycott ZP members
seek security Court
summons Commissioner Hola Mela
begins on March 3 |
waste still a menace 3
suspended for escape of undertrial Move to
shift project faces hurdles Cong
leader lashes out at Dhumal Congress
captures Chamba MC Poll
postponed for want of quorum Govt
criticised for hike in prices Block
samiti poll postponed University
sans community centre Sewage
flows out of taps M.L.
Negi is DIG, Central Range BJP
executive body to meet on Jan 23 Youth
federation to stage dharna 50
houses gutted Step to
meet stamp paper shortage
ZP presidents election put off amid boycott SHIMLA, Jan 18 The election for the president of the Zila Parishad, Shimla district, was postponed today as the Congress-backed members boycotted the election in protest against the alleged kidnapping of their four members by two ministers of the BJP government. The election has now been fixed for January 23 as the quorum was not complete with only 13 of the 23 elected members of the zila parishad reaching the venue in the office of the Deputy Commissioner. The atmosphere in the office complex of the DC was tense with the presence of the Congress and BJP activists. A general secretary of the Youth Congress, Mr Joginder Kanwar, and a PCC member, Mr Devanand Verma, alleged that the four kidnapped members of the zila parishad were brought to the venue of the election by the two ministers, Mr Narendera Bragta and Mr Roop Dass Kashyap, under the protection of armed policemen. A large number of policemen in plainclothes were deployed there to thwart any attempt of the Congress to retrieve their men, they alleged. The two Congress leaders claimed that numerically the Congress was in a position to form the zila parishad. They said the Congress members abstained from the election for the second time as the BJP was indulging in horse-trading. Meanwhile, Mr Harsh Mahajan, MLA, Vice-President, PCC, has said in a statement that the Congress-supported candidates for the panchayati raj institutions in Chamba received a landslide victory. The Congress won 34 of the 39 panchayats in Chamba constituency, of the 18 BDC members in Chamba block, 14 went to the Congress. Both posts of chairman and vice-chairman unanimously went to the Congress. In the Mehla block of the constituency of the 20 seats for BDC members, 15 went to the Congress. The posts of chairman and vice-chairman of the block were also won by the Congress, he claimed. Mr Mahajan said the mandate was a vote against the anti-people and anti-employee policies of the BJP government. |
BJP parades 13 parishad members SHIMLA, Jan 18 The BJP today presented 13 of the 23 elected members of the Shimla Zila Parishad before mediapersons to rebut the Congress allegation that it had kidnapped and forcibly detained some members. The members, including five women, said they were not under any pressure to elect a particular candidate. They said they had reached the venue of the election well in time so that elections for the post of Chairperson and Vice-Chairperson could be held. However-none of the remaining 10 members reached the venue, as a result of which the poll had to be deferred till January 23.Ms Satya Pitan, Mr Ram Saran Kalta, Ms Rajeshwari, Ms Neelam Sirkaik, Mr Joginder Singh, Mr S.S. Banolta, Mr Dulo Ram, Mr Kushal Raj, Ms Asha Kashyap and Ms Neelam Sharma said in primary concern was to ensure speedy development of the district. That was why they had chosen to support the BJP which had done much for the area. Mr Suresh Bhardwaj, Vice-President of the State BJP said it was now clear that the party had a majority in the parishad. He said besides the 13 members, two or more were likely to support the BJP candidates. Mr Narinder Baragta and Mr R.D. Kashyap, both ministers, said the overwhelming victory of BJP in Shimla district was an endorsement of the policies and programmes of the Dhumal
government. ZP members
seek security KANGRA, Jan 18 Mr G.S.
Bali, member of the All-India Congress Committee (AICCI) and MLA from
Nagrota Bagwan, yesterday criticised the transport Minister, Mr
Krishen Kapoor, and the Irrigation and Public Health Minister, Mr
Ramesh Dhawala, for allegedly creating an atmosphere of terror
regarding elections for the post of chairman of zila parishad and
panchayat samitis and demanded deployment of central security force
personnel with the elected zila parishad members for their protection. Addressing a press conference here yesterday, he said it was unfortunate that the two ministers were allegedly misusing their official positions and government machinery. He said the elected zila parishad members were threatened and attempts were being made to kidnap them. Such attempts, he said, were amounting to throttling of the democracy. He alleged that the elections were being frequently postponed to the interests of the ruling BJP. He said one such harassed zila parishad member, Mr Rakesh Kumar, of Siurpien of Jawalaji, had joined Congress today. Mr Rakesh Kumar, who was present at the press conference, also demanded security for his safety. He alleged that Mr Ramesh Dhawala, had made attempts to kidnap him. Mr Bali said the government should have taken effective steps to told elections for the post of chairman of zila parishads within one month of the poll but at Dharamshala, he alleged, due to administrative interference, it was postponed fill January 22. He
demanded immediate intervention of the State Election Commission for
security of the zila parishad members. |
Court summons Commissioner UNA, Jan 18 Mr J. N. Barowalia, District and Sessions Judge-cum Special Judge, Una, has taken cognisance of four criminal challans and summoned the accused Mr Rajmani Tripathi, Commissioner, Manpower and Employment, and others on March 7. The challans were put in the court on January 16. As per the FIR No. 2/92, the Vigilance Department has alleged that Mr Tripathi, while working as Deputy Commissioner, Una, in 1992 purchased 56 kanals and 17 marlas in the name of his daughter, Geeta Sharma, for Rs 8,000 only though the market price of the land was Rs 1.45 lakh which caused a loss to the state government. In this case, Mr Durga Dass Sharma, the then Naib Tehsildar, Haroli, Mr Ajit Singh, Mr Amrik Singh of Talhiwala and Ms Shashi Kant of Chhatarpur village have been challaned under Sections 420, 218 and 120-B of the IPC and Section 13 (2) of the Prevention of Corruption Act. The second challan, FIR No. 3/92, is against Mr Tripathi, Mr Durga Dass Sharma, and Mr Joginder Singh under Sections 218, 420 and 120-B of the IPC and 81 and 82 of the Indian Registration Act and 13 (2) of the Prevention of Corruption Act. In this FIR, it is alleged that Mr Tripathi, the then Deputy Commissioner of Una, purchased 38 kanals and 9 marlas for Rs 9,000 from Mr Joginder Singh of Nangal Khurd village in the name of Geeta Sharma while misusing his official position. The market price of this land was Rs 2.11 lakh. The FIR No. 4/92 is against Mr Tripathi, Mr Mansha Ram, field kanungo, Mr Ajit Kumar and Mr Rajinder Pal Singh, patwaris, Mr Joginder Singh and his son Mr Kuldeep Singh under Sections 218 and 420 of the IPC and 13 (2) of the Prevention of Corruption Act. In this case, the Vigilance Department has alleged that Mr Tripathi exchanged inferior land of Mr Joginder Singh with valuable government land in consideration of Mr Joginder Singh selling his exchanged land to Geeta Sharma measuring 78 kanals. The FIR No. 5/92 has been registered under Sections 218, 420 and 120-B of the IPC and 81-82 of the Indian Registration Act and 13 (2) of the Prevention of Corruption Act against Mr Tripathi, Mr D.D. Sharma, Naib Tehsildar, Haroli, Mr Jeewan Kumar and Mr Sheshmani Tripathi, brother of Mr Tripathi and resident of Uttar Pradesh, for allowing against rules mutation in the name of Mr Sheshmani Tripathi who was not competent to purchase land in his land as a non-Himachali and a non-agriculturist in the state. The FIR says that the sale deed was in favour of Mr Jeewan Kumar for consideration of Rs 45,000 on 20.12.1992 and the names of Mr Tripathis brothers Mr Sheshmani and Mr Sureshmani were incorporated in the sale deed and the same could not be done under the HP law. The market value of the land was Rs 2.43 lakh. All accused in the four cases have been summoned on March 7. |
Hola Mela begins on March 3 UNA, Jan 18 The Baba Badbhag Singh Hola Mela will be organised from March 3 to March 12 at Maidi village, 44 km from here. This was disclosed by Mr K.K. Pant, Deputy Commissioner, while presiding over a meeting held in connection with the mela yesterday. The Deputy Commissioner appealed to the organisers of Dera Baba Badbhag Singh, Dera Baba Manji Sahib and Mahant Charan Ganga to donate a handsome amount from their offerings so that the area could be developed as a religious place and facilities could be provided to the pilgrims. Mr Pant said the administration would ensure cleanliness and provide medical aid and parking facility and sought the cooperation of the owners of these deras. He said to avoid accidents, no tractor-trolly carrying pilgrims would be allowed in mela. Besides government officials, the meeting was attended by owners of Dera Baba Badbhag Singh, Manji Sahib, Mahant Charan Ganga and administrators of Ajit Darbar. The Baba Badbhag Singh Hola Mela is famous in North India and about 10 lakh pilgrims from Punjab, Haryana and Uttar Pradesh visit this place. It is believed that persons haunted by evil spirits get rid of these by taking bath under the Charan Ganga and offering prayers at Dera Baba Badbhag Singh and Dera Baba Manji Sahib. |
Polythene waste still a menace SHIMLA: Despite a recent campaign to clean up the town of polythene bags, hill slopes are littered with these. The campaign was launched by the Municipal Corporation from November 1 to December 25 with the participation of schoolchildren. Last year two such campaigns were organised and 17 quintals of polythene waste was removed. Another drive had been launched earlier, in December, 1999, when 17 tonnes of the waste was picked up from the hill slopes. Such campaigns, it seems, are not a permanent solution to the problem. On the first day polythene bags are removed and the next day we again see heaps of these lying around, said a resident. People should be made aware of the harmful effects of polythene, he added. During the tourist season, the situation worsens as visitors to the town throw polythene bags all over with impunity. Polythene waste collected by the corporation is dumped in a nullah. Waste from hospitals, hostels and vegetable and meat markets is also increasing day by day, adding to the problem. Out of the total waste of 60-65 tonnes generated here every day, only half is collected by the corporation and transported for being dumped on the hill slope and in the nullah on the Shimla bypass. Garbage is disposed of unscientifically within the town. As much as 35-40 per cent of the garbage remains uncollected. Dustbins have been provided by the corporation but these are rarely utilised by people. Litter is thrown outside the bins and it emits a foul smell. Monkeys, too, rummage through bins, scattering the contents. The corporation proposes to launch a project to tackle the garbage problem. It includes the disposal of biomedical waste. |
3 suspended for escape of
undertrial UNA, Jan 18 Two sub-jail wardens and a Deputy Superintendent (Jail) here have been suspended in case of escape of Gurjant Singh, an undertrial in a triple murder case on January 8. This was disclosed by Mr S.K. Sood, Home Secretary, while talking to mediapersons here yesterday after visiting the sub-jail here. Gurjant Singh had escaped from the sub-jail here on January 8 on the date fixed for hearing of evidence. Mr K.K. Pant, Deputy Commissioner, forwarded a report on the matter to the state government following which the Home Secretary paid a visit to the sub-jail. The Home Secretary, later, directed the district administration to raise boundary walls of the jail and construct a gate at the entrance. Mr S.K. Sood said the police post set-up after the incident near the sub-jail would continue and the ad hoc post of the Additional Jail Superintendent would now be made permanent. The state government had, years ago, acquired 42 kanals of land for construction of a new sub-jail, 7 km from here, in Samoorkalan village. The present jail, situated near office of the
BDO, has a total capacity to accommodate 12 men and 2 women undertrials whereas presently the sub-jail houses 31 men and 1 woman undertrial. Due to lack of funds, the new sub-jail work had not been started. |
Move to shift project faces hurdles SHIMLA, Jan 18 The shifting of the headquarters of the Deepak project of the Border Roads Organisation (BRO) from here to Chandigarh has been held up because of certain objections. The BRO had earlier cleared the proposal to shift the office of the Chief Engineer of the project to Chandigarh, which is considered a central place for supervising activities of its task forces deployed in Himachal Pradesh, Punjab, Uttaranchal and Rajasthan. The project headquarters were established here about 30 years ago. The objection was that it had already acquired about 14 bhigas in the outskirts of the town on the national highway for an office complex. On the other hand, the project authorities are learnt to have pointed out that they will be able to supervise the works better from Chandigarh where the infrastructure is already available in Sector 48 as the task force there had been shifted to Manali. This had been done to speed up work on the strategic Tandi Killar Kishtwar road to provide another road link with the terrorist ridden Doda district of Jammu through the Pangi valley. The project authorities have reportedly taken the plea that they have to organise restoration works often on the roads around Kedarnath in Uttaranchal where landslides occur frequently and border roads in Punjab are to be maintained. This would be another important Central organisation moving out of the state. Earlier, the Show and Avalanche Study Establishment (SASE) had moved to Panchkula from Manali. The move to shift the office of the Examiner, Official Documents, Ministry of Home Affairs, to Chandigarh has been shelved for the time-being. |
Cong leader lashes out at Dhumal MANDI, Jan 18 The Congress leader and former Vidhan Sabha Speaker, Mr Thakur Kaul Singh, today came down heavily on the Chief Minister, Mr Prem Kumar Dhumal, for alleged gross financial mismanagement in the state as a result of which an unprecedented cut of Rs 338 crore in the plan allocation had been slapped on the state. He attributed the drastic cut to the large-scale extravagance being indulged in by the Dhumal government of which the Centre seemed to have taken cognizance. He ridiculed the proposal of the Chief Minister to create more districts by splitting Shimla, Kangra and Mandi districts and described it as preposterous. The talk of creating more districts in the state reeling under financial crisis in the context that Himachal Pradesh was equal to a district of UP or Bihar and unable to bear the burden of the existing top-heavy administration showed only lack of political vision, Mr Thakur Kaul Singh said. He alleged that Mr Dhumal had no experience of government. All development works, except in his own district, had come to a halt. |
Congress captures
Chamba MC CHAMBA, Jan 18 Mr Surinder Dhall was elected president and Mr Baldev Singh vice-president of the local municipal council today. Both were Congress nominees. Giving this information here, Mr D.K. Rattan, SDM, who was the Returning Officer for the election, said two nominations were filed by Mr Surinder Dhall and Ms Sarita Mahajan for the post of presidentship. Mr Surinder Dhall polled six votes while Ms Sarita Mahajan polled three votes in the 11 member municipal council. Mr Baldev Singh was elected vice-president after he polled six votes and Mr Puran Bhatia, the other contender polled three votes. |
Poll postponed for want of quorum HAMIRPUR, Jan 18 The first meeting of the newly formed Hamirpur Nagar Parishad failed to take place for want of a quorum. Only six of the 11 members were present at the meeting. Mr B.S. Thakur, SDM, who was to administer the oath and conduct the election of the Chairperson and the Vice-President adjourned the meeting. The next meeting will be held on January 21, according to Mr Raj Krishan Sharma, executive officer of the parishad. |
Govt criticised for
hike in prices HAMIRPUR, Jan 18 The Himachal Pradesh Youth Congress yesterday blasted the state government as well as the Central Government for the hike in prices of essential commodities at a meeting, presided over by Mr Sukhvinder Singh Sukhoo, Himachal Pradesh Youth Congress chief. It congratulated Ms Vidya Stokes on her being elected as state Congress chief. The meeting mourned the death of Jitendra Prasada and observed a two-minute silence.
Block samiti poll postponed UNA, Jan 18 The election of the chairperson and the vice-chairperson of the Bangana Block Samiti of Kutlehar constituency, scheduled to be held yesterday, was postponed as none of the 19 elected members turned up for the meeting. The election of the chairperson and the vice-chairperson of the Una Block Samiti was postponed due to the lack of quorum for the second time yesterday. Only one BDC member was present. |
University sans
community centre SHIMLA, Jan 18 The demand for the construction of a community centre in the university here has been unimplemented even after the sanction Rs 12 lakh by the authorities. The former Vice-Chancellor of the university, Mr C. L. Kundu, sanctioned the amount but no action has been taken up by the university. According to sources, there is no positive response by the university. Every year the budget is sanctioned but no action is taken. Rs 5 lakh has been sanctioned in this year for the community centre. A former member of Executive Council, Mr Subhash Puri, said that the university employees were facing many problems in the absence of a community centre.
Sewage flows out
of taps SHIMLA, Jan 18 Residents of the Khalini locality are facing problem of raw sewage flowing out of water taps. The problem reportedly is due to leakage in
sewage. According to the Deputy Mayor, problem, has been solved. He assured that the problem would be solved in one or two days. There are 10-12 houses which are facing this problem. People have to fetch water from very far. The problem has been there for the past eight/nine days and we are facing difficulties. Few of us also fall ill due to this water, says a victim.
M.L. Negi is DIG,
Central Range MANDI, Jan 18 Mr M.L. Negi today joined as DIG, Central Range, here. He relieved Mr Somesh Goyal. Mr Negi said community policing and other reforms in the police introduced recently would be vigorously implemented and the drive against narcotics would be intensified. The DIG said during the ongoing campaign against narcotic drugs in the Central Range, the Kulu police had seized charas weighing 8.5 kg from Mangal Chand of Sahahu village of the Banjar area at a naka near Gurrisa. A case under the Narcotic Drugs and Paychotropic Substances Act has been registered against him.
BJP executive body
to meet on Jan 23 SHIMLA, Jan 18 The state executive committee of the BJP will meet on January 23 and 24 here, under the chairmanship of Mr Jaikishan Sharma, party president. Besides, Mr P.K. Dhumal, Himachal Chief Minister and Mr Shanta Kumar Union Minister for Consumer Affairs, Mr Narinder Modi, national general secretary of the board and in charge of Himachal affairs, will also attend the meeting. The office - bearers will meet before the meeting of the executive committee on January 23, according to Mr Ganesh Dutt, party spokesperson.
Youth federation to
stage dharna SHIMLA, Jan 18 The Himachal Pradesh state committee of the Democratic Youth Federation of India (DYFI) has demanded withdrawal of hike in power tariff. The general secretary of DYFI, Mr Tikender Singh Panwar, said here yesterday that the federation would stage a dharna in front of the Deputy Commissioners office on January 19 against the hike in power tariff. It would also organise rallies in this regard.
houses gutted SHIMLA, Jan 18 At least 50 houses were gutted in a major fire which broke out at Jatwani village near Chirgaon in upper Shimla
today. According to reports reaching here, the fire was still blazing. While there was no loss of human life, a large number of cattle head perished in the fire. The total loss has been estimated at over Rs 1.5 crore. |
Step to meet stamp paper shortage SHIMLA, Jan 18 Faced with acute shortage of non-judicial papers of smaller denominations, the state government today empowered treasury officers to issue these papers of value up to Rs 50 under their stamp and signatures on plain papers. The plain papers with the stamp and signature of these officers will be treated as non-judicial papers. A spokesman of the state government said the shortage of non-judicial papers of smaller denominations was being felt in Kulu and Manali subdivisions as the supply of such stamp papers had been much less as compared to indents sent to the Indian Security Press, Nasik, which prints these papers. |
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A group of researchers from Tufts University, Brown University and the Rensselaer Polytechnic Institute are collaborating with the US Navy in a multi-year effort to explore how they might create robots endowed with their own sense of morality. If they are successful, they will create an artificial intelligence able to autonomously assess a difficult situation and then make complex ethical decisions that can override the rigid instructions it was given. Read More
Researchers at the University of Texas have identified a star that formed in the same star cluster as our Sun. Dubbed HD 162826, the star is 15 percent more massive than the Sun and resides 110 light-years away. It's hoped the discovery of this "sibling" will help us understand more about where and how the solar system originated, and might also point us to the best candidates for finding extraterrestrial life. Read More
Scientists at the Scripps Research Institute (TSRI) in California have produced a living bacterium that has a strand of artificial DNA made with chemical "letters" not found in nature or any other organism. Read More
Watson, IBM's supercomputer made famous three years ago for beating the very best human opponents at a game of Jeopardy, now comes with an impressive new feature. When asked to discuss any topic, it can autonomously scan its knowledge database for relevant content, "understand" the data, and argue both for and against that topic. Read More
A group of engineers at Stanford have developed an iPad-sized, highly power-efficient way of simulating a million neurons and billions of synapses for as low as US$400. The advancement could both help our understanding of the brain and help develop a new generation of bionic limbs that are controlled by the patient's brain in real time with no effort at all. Read More
In what could mark a significant breakthrough in the treatment of heart disease, researchers at the University of Washington (UW) have successfully repaired damaged tissue in monkey hearts using cells created from human embryonic stem cells. The findings demonstrate an ability to produce these cells on an unprecedented scale and hold great potential for restoring functionally of damaged human hearts. Read More
In a move that could help address our insatiable thirst for fuel while at the same time help cut CO2 emissions, scientists with the SOLAR-JET (Solar chemical reactor demonstration and Optimization for Long-term Availability of Renewable Jet fuel) project have recently shown that through a multi-step process, concentrated sunlight can be used to convert carbon dioxide into kerosene, which can then be used as jet fuel. Read More
What's big and red and costs £200 million? The answer is the new flagship of Britain's polar research fleet complete with helideck and robot submarines. On Friday at the Laboratory of Molecular Biology in Cambridge, the Chancellor of the Exchequer, George Osborne announced that the British government had authorized the Natural Environment Research Council (NERC) to go ahead with the design and construction of a new state-of-the-art vessel for polar research and to maintain the British presence in Antarctica and the South Atlantic. Read More
Watching old war movies, we expect firing a navy gun to be accompanied by a deafening bang and a dramatic cloud of burnt powder. This being the 21st century, the US Navy has other ideas as it prepares to install and test a prototype electromagnetic railgun on a Spearhead-class joint high speed vessel in 2016 as part of a program to develop the naval artillery of the future. Read More
Do you get frustrated filling out those online forms with jumbled letters to prove that you're human, only to get them wrong? They're called CAPTCHA puzzles and are designed to be difficult for computers to crack. Google's Street View technology, however, can decipher them with 99 percent accuracy. Read More
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subset: commoncrawl


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Q&A: I Have Lupus. What Should I Know Before Getting Pregnant?
I have lupus — are there any precautions I need to take before getting pregnant?
Luckily, studies have shown that pregnancy doesn't affect the long-term course of lupus, although flare-ups are more common after you deliver. It's also extremely unlikely that baby will be born with the disease, no matter how severe you own case. That said, it's best for you and baby if you can conceive when your disease is in a quiet period (if it's at all possible to plan this). Make sure to let your OB know you have lupus so she can get in touch with your regular doctor, if need be. It's good if both doctors are on the same page, to ensure you and baby stay as healthy as possible throughout your pregnancy.
Once you're pregnant, it's especially important for your doctors to keep close tabs on you. Lupus puts you at an increased risk for preeclampasia, a serous disorder that can damage the kidneys, liver, brain, heart, and eyes. So you and your doctor should be on the lookout for telltale symptoms including headaches, rapid weight gain, and swelling in your hands and/or face. If you're diagnosed with preeclampasia, you may need to stay in the hospital for monitoring, and baby may even have to be delivered early.
While moms with lupus deliver healthy babies all the time, it is important to know that patients with lupus or other autoimmune disorders are also at a higher risk of miscarrying. That's why proper treatment is so important for moms-to-be. Keep the lines of communication open between you and your doc.


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2014 (September Term)
United States v. McFadden, 74 M.J. 87 (after appellant testified on her own behalf, a court member asked if she was aware of the concept of lying by omission by exercising her right to remain silent; after the defense moved for a mistrial, the military judge denied the motion and provided the following curative instruction to the members: "You may not consider the accused's exercise of her right to remain silent in any way adverse to the accused. You may not consider such exercise as lying by omission."; in this case, the member's question was not so prejudicial that a curative instruction was inadequate, and there is no evidence the members did not follow those instructions; as such, the military judge did not abuse his discretion by denying the motion for mistrial and he did not have a sua sponte duty to excuse the court member).
(because of the extraordinary nature of a mistrial, military judges should explore the option of taking other remedial action, such as giving curative instructions; a curative instruction is preferred to granting a mistrial, which should only be granted when inadmissible matters so prejudicial that a curative instruction would be inadequate are brought to the attention of the members).
2013 (September Term)
United States v. MacDonald, 73 M.J. 426 (the military judge bears the primary responsibility for ensuring that mandatory instructions are given and given accurately).
(if an affirmative defense is reasonably raised by the evidence, the military judge has a sua sponte duty to instruct the members on that defense; a defense is reasonably raised when some evidence, without regard to its source or credibility, has been admitted upon which members might rely if they chose).
(any doubt regarding whether an affirmative defense instruction is in order should be resolved in favor of the accused).
(during a murder trial, where appellant put on some evidence that the potential side effects of Chantix, a smoking cessation drug he was taking at the time he fatally stabbed the victim, could have affected his ability to appreciate the nature and quality or wrongfulness of his acts, the affirmative defense of involuntary intoxication was reasonably raised and the military judge had a sua sponte duty to instruct on the defense of involuntary intoxication).
United States v. Davis, 73 M.J. 268 (military judges are required to instruct members on the elements of each offense and explain available defenses; however, military judges also have broad discretion in how to craft such instructions; a matter is in issue when some evidence, without regard to its source or credibility, has been admitted upon which the members might rely if they choose).
(in this case, the military judge erred by not sua sponte providing instructions for both theories of defense of property where appellant's testimony about the underlying events sufficiently put both theories of defense of property at issue; appellant's testimony that he was worried about what would happen to his property if he got knocked out by an alleged trespasser was some evidence that members could have relied upon to find that appellant believed his property was in immediate danger; similarly, his testimony that he wanted that alleged trespasser to leave his property was some evidence that the members could have relied upon to find that appellant sought to use force to remove a trespasser from his property).
United States v. Talkington, 73 M.J. 212 (a military judge abuses his discretion when the instructions are based on an erroneous view of the law or are not tailored to the case's facts and circumstances).
(appellant is permitted to mention sex offender registration in his unsworn statement; in turn, the military judge has discretion to temper the unsworn statement with appropriate instructions).
(while the military judge's discretion in choosing whether to instruct upon collateral matters is broad, he or she is required to give legally correct instructions that are tailored to the facts and circumstances of the case).
(in instructing the court members on how to make use of appellant's unsworn statement in sentencing for sex offenses, the military judge did not abuse his discretion by placing the sex offender registration mentioned during appellant's unsworn statement in its proper context, by informing the members that appellant was permitted to address sex offender registration in his unsworn statement, while also informing them that possible collateral consequences should not be part of their deliberations in arriving at a sentence).
2012 (September Term)
United States v. Mott, 72 M.J. 319 (a military judge did not err in providing an objective standard for wrongfulness in his instructions to the members regarding the affirmative defense of lack of mental responsibility).
United States v. Castellano, 72 M.J. 217 (in instructing members on an LIO of sodomy, not involving force, in violation of Article 125, UCMJ, a military judge's decision to determine that a Marcum (60 MJ 198 (CAAF 2004)) factor (any factor that removes the sexual conduct from the scope of the protected interest of Lawrence (539 US 558 (2003)), including those additional factors relevant solely in the military environment that affect the nature and reach of the Lawrence liberty interest) existed himself rather than instruct the members that they must determine the existence of a Marcum factor was error, and that this error materially prejudiced appellant's due process rights under the Fifth and Sixth Amendments).
(none of the Marcum (60 MJ 198 (CAAF 2004)) factors (any factor that removes the sexual conduct from the scope of the protected interest of Lawrence (539 US 558 (2003)), including those additional factors relevant solely in the military environment that affect the nature and reach of the Lawrence liberty interest) are statutory elements of Article 125, UCMJ; however, in case of sodomy without force, where, but for the presence of a Marcum factor, the act of sodomy would not be subject to criminal sanction, whether a Marcum factor exists is not solely a legal determination left to the military judge's discretion; where, as here, an otherwise unconstitutional criminal statute is construed in such a way as to limit its reach to conduct that may constitutionally be subject to criminal sanction, the facts under that saving construction have constitutional significance; these facts are critical to a conviction as, absent such facts, the conduct is not criminal; therefore, they must be determined by the trier of fact; and each of the Marcum factors are fact questions in the commonsense meaning of the term; an act of sodomy either does, or does not, involve force, a child, open and notorious or public behavior, or prostitution, and, likewise, an act of sodomy either implicates a unique military interest or it does not; whether a Marcum factor exists is a determination to be made by the trier of fact based on the military judge's instructions identifying facts or factors that are relevant to the constitutional context presented).
United States v. Tunstall, 72 M.J. 191 (a military judge can only instruct on a lesser included offense where the greater offense requires members to find a disputed factual element which is not required for conviction of the lesser violation).
(in his instructions on indecent acts as a lesser included offense of aggravated sexual assault, the military judge improperly instructed the members on a theory indecency on which appellant was neither charged nor on notice, where he instructed the members that engaging in a sexual act in the presence of others is considered "open and notorious" behavior which could constitute an indecent act; "open and notorious" is not a basis or theory for the offense of aggravated sexual assault, and that instruction was the first mention in the trial of the "open and notorious" theory; the military judge went on to instruct the members that the greater offense of indecent acts differed from the offense of aggravated sexual assault as it did not require them to find that the victim was substantially incapable of declining participation, but only that the act itself was indecent; in providing these instructions, the military judge essentially took the "substantially incapable of declining participation" theory for the offense of indecent acts off the table and instead provided the members with detailed instructions as to the "open and notorious" theory for the offense; this error resulted in material prejudice because the due process principle of fair notice mandates that an accused has a right to know what offense and under what legal theory he will be convicted; because appellant was neither charged with nor on notice of the offense of indecent acts under the "open and notorious" theory until the military judge's instruction, he was not on fair notice to defend against that offense and his due process rights were violated).
United States v. Riley, 72 M.J. 115 (although the Military Judges' Benchbook is not binding as it is not a primary source of law, the Benchbook is intended to ensure compliance with existing law; an individual military judge should not deviate significantly from the instructions in the Benchbook without explaining his or her reasons on the record).
United States v. Garner, 71 M.J. 430 (the military judge has an independent duty to determine and deliver appropriate instructions).
(RCM 1005(a) provides that the military judge shall give the members appropriate instructions on sentence; RCM 1009(e)(1) provides that the military judge shall instruct the members on the procedure for reconsideration when a sentence has been reached by members and reconsideration has been initiated; the text of RCM 1009(e) provides that any member may propose reconsideration of a sentence but does not address whether a military judge can initiate reconsideration; the analysis to RCM 1009 in Appendix 21 of the MCM, however, indicates that when reconsideration is initiated by the military judge, a formal vote on reconsideration is necessary).
(the confinement portion of the sentence worksheet that included both 35 years of confinement and confinement for life without eligibility for parole was clearly ambiguous as to the period of confinement adjudged, and the military judge did not err in returning the members to their deliberations to clarify the ambiguity; however, when the members returned from their deliberations with a revised sentence worksheet that did not merely clarify the ambiguity but rather reflected a "new" sentence that included confinement for life, it was obvious that the panel had "reconsidered" the initial sentence and had adopted a sentence that was not reflected on the initial sentence worksheet; regardless of which of the two initial sentences the members intended, the second sentence either increased or decreased that sentence, and therefore reconsideration occurred; at that point, the military judge erred by not suasponte providing the members with appropriately tailored instructions for reconsideration and returning them to deliberations to ensure compliance with RCM 1009(e)).
2011 (September Term)
United States v. Barnett, 71 M.J. 248 (the military judge has an independent duty to determine and deliver appropriate instructions).
(once evidence of pretrial punishment was introduced during sentencing by the accused, in the interests of reliable and truthful sentencing, it was within the military judge's discretion to initially instruct the members of the Article 13 credit and how it would be credited).
(the military judge correctly responded to the members' question about whether they could increase the accused's sentence to offset the 100 days of pretrial confinement Article 13 credit the accused received by instructing the members that they had a duty to adjudge an appropriate sentence that they regarded as fair and just when imposed, not one whose fairness depended upon the actions of others; nothing in the instruction invited the members, either expressly or by inference, to either impose extra confinement to offset the pretrial confinement Article 13 credit or impose less confinement in consideration for the pretrial punishment).
(while counsel may request specific instructions, the military judge has substantial discretion in deciding on the instructions to give and whether the requested instructions are appropriate; this discretion must be exercised in light of correct principles of law as applied to the facts and circumstances of the case).
(denial of a requested instruction is error if: (1) the requested instruction is correct, (2) it is not substantially covered in the main charge, and (3) it is on such a vital point in the case that the failure to give it deprives the accused of a defense or seriously impairs its effective presentation).
(the military judge did not abuse his discretion in declining to specifically instruct the members that they could not increase the amount of the accused's confinement to offset or nullify some or all of the accused's pretrial confinement Article 13 credit, where the issue as to how the members should consider the credit was substantially covered in the instructions provided; if the military judge had instructed the members that they could not consider the Article 13 confinement credit in determining an appropriate sentence, that instruction would have been in conflict with the standard instruction properly informing the members that they should consider all matters in extenuation and mitigation as well as those in aggravation in determining an appropriate sentence).
United States v. Behenna, 71 M.J. 228 (in regard to form, a military judge has wide discretion in choosing the instructions to give but has a duty to provide an accurate, complete, and intelligible statement of the law).
(instruction on losing and regaining the right to act in self-defense was erroneous where (1) the military judge provided no guidance on how to evaluate an offer-type assault, which occurs, for instance, when an individual points a loaded pistol at another person without lawful justification or authorization, and (2) the military judge gave an inaccurate statement of the law when he linked the lawful use of force with the issue of escalation with the conjunction "and" ("However, if you have a reasonable doubt that the accused assaulted Ali Mansur, was provoked by Ali Mansur, or had some other legal justification or excuse, and you are not convinced beyond a reasonable doubt that Ali Mansur did not escalate the level of force, then you must conclude that the accused had the right to self-defense ...."); the statement of law was inaccurate because appellant would have had the right to self-defense if his original use of force had been lawful - it was provoked, justified, or otherwise excusable (i.e., appellant was not an initial aggressor) - or if Mansur had escalated the level of force).
(a military judge is only required to instruct on a defense when there is some evidence in the record, without regard to credibility, that the members could rely upon if they chose; in other words, a military judge must instruct on a defense when, viewing the evidence in the light most favorable to the defense, a rational member could have found in the favor of the accused in regard to that defense).
(where appellant lost the right to act in self-defense as a matter of law, any instruction on losing and regaining the right to self-defense was superfluous).
United States v. Ignacio, 71 M.J. 125 (if evidence of consent is presented in a trial for abusive sexual contact, the judge must ensure that the factfinder is instructed to consider all of the evidence, including the evidence raised by the accused that is pertinent to the affirmative defense, when determining whether the prosecution established guilt beyond a reasonable doubt).
(where appellant was charged with abusive sexual contact in violation of Article 120(h), UCMJ, and the military judge explained on the record why he would instruct the panel pursuant to the Military Judges' Benchbook rather than the statutory language and the military judge's instructions included the statement that evidence of consent is relevant to whether the prosecution has proven the elements of the offense beyond a reasonable doubt and that the prosecution has the burden to prove beyond a reasonable doubt that consent did not exist, the military judge did not err in so instructing the panel; the instructions correctly conveyed the government's burden to the members).
United States v. Stanley, 71 M.J. 60 (a military judge is required to instruct members on any affirmative defense that is in issue, and a matter is considered in issue when some evidence, without regard to its source or credibility, has been admitted upon which members might rely if they chose).
(military judges have substantial discretionary power in deciding on the instructions to give; however, when an affirmative defense is raised by the evidence, an instruction is required).
(waiver does not apply to required instructions such as affirmative defenses).
(an escalation of force instruction, in addition to detailed self-defense instructions that were given, was not warranted in a trial for two specifications of premeditated murder where appellant had escalated a conflict involving a physical altercation between his companion and a second victim into one involving use of deadly force when he came out of closet and held the victims at gun point, and then used the weapon to subdue them and to forcibly search them for weapons; although the fact that the first victim picked up a rifle and shot at appellant constituted the use of deadly force, at that point, the level of conflict had already been escalated to one involving the use of deadly force by appellant; furthermore, even though appellant alleged that the second victim attempted to stab his companion with a knife from behind, the issue for the members was simply whether appellant was entitled to use deadly force in defense of another and escalation of force was not in issue; accordingly, the military judge did not err in excluding the principle of escalation of force in his self-defense instructions to the members).
United States v. Winckelmann, 70 M.J. 403 (the military judge must provide instructions that sufficiently cover the issues in the case and focus on the facts presented by the evidence).
United States v. Pierce, 70 M.J. 391 (members must be instructed on all elements of an offense; military judges have substantial discretionary power in deciding on the instructions to give).
United States v. Schumacher, 70 M.J. 387 (a military judge must instruct members on any affirmative defense that is in issue; a matter is considered in issue when some evidence, without regard to its source or credibility, has been admitted upon which members might rely if they choose; in other words, some evidence, entitling an accused to an instruction, has not been presented until there exists evidence sufficient for a reasonable jury to find in the accused's favor; thus, the military judge must answer the legal question of whether there is some evidence upon which members could reasonably rely to find that each element of the defense has been established; this test is similar to that for legal sufficiency).
(in this case, the evidence was insufficient to establish that appellant reasonably believed the MPs who arrived at his home during a domestic dispute with his wife were unknown intruders in order to warrant a self-defense instruction in an assault prosecution arising from appellant pointing a pistol at one of the MPs, where (1) appellant was present when his wife requested that her neighbor call the MPs, (2) the MPs arrived four minutes later, (3) during the interim period, appellant's wife had tried to persuade him to put away his guns because the MPs were coming, (4) when the MPs arrived, they were dressed in full military police attire including badges, (5) while in the process of waving the pistol around, appellant stated that it would be nothing for him to kill a few MPs, and (6) appellant's defense counsel explicitly denied that the evidence could warrant such an instruction; given the sequence of events, the physical appearance of the MPs, appellant's statement indicating knowledge of who the people were, and defense counsel's concessions at trial, the military judge did not err in determining that there was no evidence that appellant reasonably perceived the infliction of wrongful bodily harm).
2010 (September Term)
United States v. Lusk, 70 M.J. 278 (the military judge should give a limiting instruction concerning the appropriate use of inadmissible evidence relied upon for the basis of the expert opinion; importantly, such instructions can ensure that the testimony is not transformed from evidence introduced for the limited purpose of showing what the expert witness relied upon into substantive evidence introduced for the purpose of establishing a truth of the matter, particularly in view of the potential that the latter case could raise constitutional issues under the Confrontation Clause of the Sixth Amendment; limiting instructions are particularly important when evidence that is inadmissible, or admissible for only a limited purpose, involves a discrete fact or set of facts).
(in a prosecution for wrongful use of cocaine, once it was determined that a laboratory's confirmatory drug test report contained inadmissible hearsay, the military judge erred in failing to give a limiting instruction concerning the appropriate use of that inadmissible evidence after an expert witness testified concerning the reliability of the initial, admissible laboratory test report and relied on the confirmatory test report in formulating his opinion).
States v. Medina, 69 M.J. 462 (under the
aggravated sexual assault statute
in Article 120(c)(2), UCMJ, the burden was on the accused to prove the
affirmative defense of consent by a preponderance of the evidence, and
military judge erred in instructing the members that the evidence
raised the
defense of consent and that the government had the burden of disproving
defense beyond a reasonable doubt).
(even though the military
judge erred in not
instructing the members under the statutory scheme of the aggravated
assault offense under Article 120(c)(2), UCMJ, that the burden was on
accused to prove the affirmative defense of consent by a preponderance
of the
evidence, the error was harmless beyond a reasonable doubt where the
judge clearly and correctly instructed the members that the evidence
raised the
defense of consent and that the government had the burden of disproving
defense beyond a reasonable doubt).
States v. Prather, 69 M.J. 338 (the military
judge must bear the primary
responsibility for assuring that the jury properly is instructed on the
elements of the offenses raised by the evidence as well as potential
and other questions of law).
States v. Pope, 69 M.J. 328 (when
demonstrative evidence is admitted, the
military judge is required to properly instruct the members that the
is for illustrative purposes only).
States v. Alston, 69 M.J. 214 (the MCM
expressly notes that its listing of
lesser included offenses is not all-inclusive).
(even though the MCM does not
list aggravated
sexual assault as a lesser included offense with respect to rape by
force, the
military judge properly instructed the members that aggravated sexual
was a lesser included offense of rape by force in the context of the
charge at
(in this case, the elements of
sexual assault were necessarily included in the charge at issue, rape
by force,
that alleged that appellant caused the victim to engage in a sexual
act, to
wit: penetration of her vagina with his fingers by using power or
strength or
restraint applied to her person sufficient that she could not avoid or
the sexual conduct; the first element of aggravated sexual assault -
another person to engage in a sexual act - is the same for both
offenses; the
second element of aggravated sexual assault - causing bodily harm - is
in Article 120(t)(8), UCMJ, to include an offensive touching, however
slight, and
that element is a subset of the force element in the offense of rape
Article 120(a), UCMJ, as defined in Article 120(t)(5)(C), UCMJ [*but
note that
the definitions of force in Article 120(t)(5)(A), UCMJ, and Article
UCMJ, which do not require an offensive touching, are not at issue in
present case]).
States v. Maynulet, 68 M.J. 374 (generally, a
military judge has substantial
discretionary power to decide whether to issue a jury instruction).
(a military judge has a sua
sponte duty to
instruct on an affirmative defense if reasonably raised).
States v. Trew, 68 M.J. 364 (where a
specification alleges wrongful acts
on "divers occasions," the members must be instructed that any findings
exceptions and substitutions that remove the "divers occasions"
language must
clearly reflect the specific instance of conduct upon which their
findings are based; that can generally be accomplished through
reference in the
substituted language to a relevant date or other facts in evidence that
clearly put the accused and the reviewing courts on notice of what
served as the basis for the findings).
States v. Smith, 68 M.J. 316 (obedience to
lawful orders is an affirmative
defense on which the military judge has a sua sponte duty to instruct
if the
defense is reasonably raised).
States v. Neal, 68 M.J. 289 (if evidence of
consent is introduced in
aggravated sexual contact prosecution, the military judge must instruct
members to consider all of the evidence, including the evidence of
when determining whether the government has proven guilt beyond a
doubt; in doing so, the military judge must be mindful of both the
content and
sequential structure of the instructions).
(the Constitution permits a
legislature to
place the burden on the accused to establish an affirmative defense,
even if
the evidence necessary to prove the defense also may raise a reasonable
about an element of the offense; if such evidence is presented, the
judge must
ensure that the factfinder is instructed to consider all of the
evidence, including
the evidence raised by the accused that is pertinent to the affirmative
defense, when determining whether the prosecution established guilt
beyond a
reasonable doubt).
States v. Ediger,
68 M.J. 243 (where the members are instructed that MRE 414 evidence may
considered for its bearing on an accused's propensity to commit the
crime, the members must also be instructed that the introduction of
propensity evidence does not relieve the government of its burden of
every element of every offense charged; moreover, the factfinder may
not convict
on the basis of propensity evidence alone).
United States v. Forney, 67 M.J. 271 (the
military judge did not err by instructing the members using the
definition of
child pornography from 18 USC § 2256 of the Child Pornography
Prevention Act to
explain the term in the context of a conduct unbecoming an officer and
gentleman charge, even though the Supreme Court later held that this
violated the First Amendment to the extent that it criminalized the
and distribution of certain "virtual" images – images that were neither
nor produced by the exploitation of actual children; speech that is
in the civil population may nonetheless undermine the effectiveness of
to command, and if it does, it is constitutionally unprotected; the
Amendment does not protect a military officer from prosecution under
133 for wrongfully possessing virtual child pornography on government
on a Navy warship underway).
(before a military judge is
required to give
an affirmative defense instruction, there must be some evidence in the
to which the members might attach credit).
(constitutional free speech
protection of virtual child pornography in civilian
society was not a defense to a charge of conduct unbecoming an officer
based on
appellant's possession of virtual child pornography on government
computers on
a Navy warship underway; in any event, in this case, there is
absolutely no
evidence that the images were or might have been virtual; thus, even if
appellant's defense were recognized in military law, and it is not, the
military judge would not have been required to instruct on it).
States v. DiPaola, 67 M.J. 98 (if the record
contains some evidence of the affirmative defense of mistake of fact to
the military jury may attach credit if it so desires, the military
judge is
required to instruct the panel on that affirmative defense).
military judge is required to instruct the panel on affirmative
defenses, such
as mistake of fact, if the record contains some evidence to which the
jury may attach credit if it so desires; when the
defense has been raised by some evidence, the military judge has a sua
duty to give the instruction).
(an accused is not required to
testify in order
to establish a mistake-of-fact defense; the evidence to support a
mistake-of-fact instruction can come from evidence presented by the
the prosecution, or the court-martial).
defense theory at trial and the nature of the evidence presented by the
are factors that may be considered in determining whether the accused
entitled to a mistake of fact instruction; any doubt whether an
should be given should be resolved in favor of the accused).
(a military judge's duty to
instruct is not
determined by the defense theory; he must instruct if the defense is
the defense's theory of the case is not dispositive in determining what
affirmative defenses have been reasonably raised by the evidence but
can be
taken into account when considering the evidence).
(evidence that the victim
consented to and
willingly participated in some of the sexual acts listed in the
was some evidence that appellant honestly and reasonably believed the
consented to some of his actions, requiring a mistake-of-fact
instruction on the
indecent assault specification; appellant and the victim had a prior
sexual relationship, the victim consented to the removal of her shirt
and the
kissing of her breasts after saying "no" to intercourse, creating a
message as to which acts were permissible and which were off-limits;
where the
record revealed a mixed message evidentiary situation in conjunction
defense counsel's mixed message theme in his opening and closing
statements and
his request for a mistake-of-fact instruction, it contained some
evidence of a
mistake of fact that the panel could attach credit to if it so desired,
and the
military judge erred in failing to give a mistake-of-fact instruction
on the
(while the military judge has
a sua sponte duty
to give a mistake-of-fact instruction even in the absence of a defense
counsel's request for the instruction is indicative of the defense's
theory of
the case and can be considered by appellate courts as context for
whether the
entire record contains some evidence that would support the
(when some evidence exists in
the record, the
military judge must give a mistake-of-fact instruction).
(in the context of this case,
the absence of a
mistake-of-fact instruction on the indecent assault specification was
harmless beyond a reasonable doubt because that instruction resulted in
finding of not guilty when given with respect to an indecent exposure
specification involving the same victim in the same setting; had the
judge given a mistake-of-fact instruction informing the panel to
consider the
prior relationship and the circumstances leading up to the indecent
incident, it is not clear beyond a reasonable doubt that a rational
jury would
have found appellant guilty absent the error; the missing instruction
essentially undercut a defense theory and could very well have
contributed to
the finding of guilty).
2008 (Transition)
States v. Ober, 66 M.J. 393 (the military
judge has an independent duty to
determine and deliver appropriate instructions; the military judge must
the primary responsibility for assuring that the jury properly is
instructed on
the elements of the offenses raised by the evidence as well as
defenses and other questions of law).
(appellant failed to
demonstrate that the omission of the charged words "cause to be" from
military judge's instructions on the charge of transporting child
in interstate commerce constituted plain error, where appellant's
that omission of the words might have caused the court-martial members
ignore that language or to convict him under another theory of
liability for
which they were not instructed did not carry his burden to show
unfair prejudicial impact on the members' deliberations or material
to his substantial rights; as a threshold matter, appellant failed to
demonstrate how omission of the words "cause to be" -- which were not
part of
the underlying statute -- changed the nature of the offense or left the
with a misunderstanding of the transporting charge and its
furthermore, the defense did not object to the military judge's
instructions on the transporting charge, nor did the defense request
additional instructions to clarify the elements of the offense).
(appellant failed to
demonstrate that the military judge committed plain error in his
on the charge of transporting child pornography in interstate commerce
failing to instruct on a theory of aiding and abetting, where appellant
charged and prosecuted with transporting child pornography as a primary
and the government focused its case on proving that he was guilty of
transporting child pornography based on his own act of obtaining files
KaZaA, a peer-to-peer file sharing program; irrespective of
whether the
government could have relied on an aider and abettor theory in this
appellant was not prejudiced by the decision of the military judge to
focus his
instructions on the primary theory presented by the prosecution).
(appellant failed to
demonstrate that the military judge committed plain error in his
on the charge of transporting child pornography in interstate commerce
failing to provide a definition of "uploading," where the computer
experts who testified for the government and the defense offered
explanations of the KaZaA file sharing process, including uploading; the
absence of a further description of uploading did not constitute a
prejudice to the substantial rights of appellant where the testimony at
did not produce a material difference between the parties or their
regarding the operation of KaZaA or how KaZaA could be used to obtain
where the defense did not challenge the government expert's testimony
downloading files through KaZaA caused an upload to occur on the host
but instead embraced the evidence of how KaZaA worked in an effort to
the panel members that someone other than appellant was responsible for
downloading child pornography on his computer, and where the defense
did not
object to the military judge's proposed instructions, nor did the
request additional instructions on uploading).
(in this case, the
self-defense instruction given was incomplete where the military judge
erred in not instructing the members that a mutual combatant could
regain the right to self-defense when the opposing party escalated the
conflict and when he was incapable of withdrawing in good faith).
(military judge's failure to
give complete and correct self-defense instruction created a
constitutional error).
United States v. Schroder, 65 M.J. 49 (in child
molestation case in which other acts of child molestation were
admitted, military judge was not required to give an instruction
distinguishing between the charged acts that met the definition of
offense of child molestation in MRE 414 and those in the charge that
did not).
(in child molestation case,
military judge erred in his instruction as to how the members could
consider the MRE 414 evidence, where the instruction was susceptible to
an unconstitutional interpretation that the members were permitted to
conclude that the presence of similarities between the charged and
uncharged misconduct were, standing alone, sufficient evidence to
convict appellant of the charged offenses).
(where the members in a child
molestation case are instructed that MRE 414 evidence may be considered
for its bearing on an accused's propensity to commit the charged crime,
the members must also be instructed that the introduction of such
propensity evidence does not relieve the government of its burden of
proving every element of every offense charged).
United States v. Gutierrez, 64 M.J. 374 (the affirmative
defense of mistake of fact is a required instruction under RCM
920(e)(3); when this defense is reasonably raised by the evidence, the
military judge is duty-bound to give an instruction, unless it is
affirmatively waived).
(a military judge has a sua
sponte duty to give certain instructions when reasonably raised by the
evidence, even though the instructions are not requested by the
(like affirmative defenses,
lesser included offenses are required instructions under RCM 920(e) and
cannot be waived simply by counsel's failure to request such
(the military judge did not
abuse his discretion in denying a defense-requested instruction on
government witnesses testifying under a promise of leniency; although
the overall thrust of the requested instruction was correct, the
standard accomplice instruction that the military judge gave
substantially covered the leniency offered the witnesses and addressed
their possible motives to lie as a result of their favorable pretrial
agreements, and the denial of the requested instruction did not deprive
the accused of a defense or seriously impair his ability to present a
United States v. Foster, 64 M.J. 331 (within certain
bounds, military judges can comment upon and summarize evidence
admitted in the form of expert witness testimony; RCM 920(e)(7) states
that instructions on findings shall include such other explanations,
descriptions, or directions as may be necessary and which are properly
requested by a party or which the military judge determines, sua
sponte, should be given; in moving beyond benchbook instructions,
however, military judges must use caution not to do so in a manner that
either places undue emphasis on or minimizes the importance of expert
(a military
judge's instructions are intended
to aid the members
in the
understanding of terms of art, to instruct the members on the elements
of each offense and to explain any available
military judge is more than a mere referee; he is charged with deciding
any defense is reasonably raised by the evidence; if there is some
evidence of
a possible defense –- it does not have to be compelling or convincing
beyond a
reasonable doubt –- the military judge is duty bound to give an
even if the instruction was not requested by the parties).
States v. Augspurger, 61 M.J. 189 (the military judge should
instruct the members that if they except the "divers occasion" language
from a
specification, they need to make clear which allegation was the basis
for their
guilty finding).
States v. Forbes, 61 M.J. 354 (MRE 301(g) provides that when the
does not testify at trial, defense counsel may request that the members
of the
court not be instructed to disregard the accused's silence; under this
defense counsel's election is binding upon the military judge except
that the
military judge may give the instruction when the instruction is
necessary in
the interests of justice; Rule 301(g) recognizes that the decision to
ask for a
cautionary instruction is one of great tactical importance for the
defense and
generally leaves that decision solely within the hands of the defense;
the rule
reflects the President's authority to grant members of the armed forces
more protective than those required by the Constitution).
(when there is a defense objection to the failure-to-testify
under MRE 301(g), a military judge is bound by the defense election
unless the
judge performs a balancing test that weighs the defense concerns
against the
case-specific interests of justice).
(a military judge's decision
to override
the otherwise binding election of the defense under MRE 301(g) must be
based on
something more than a generalized fear that the members would hold the
appellant's silence against him because such a fear could be argued in
case of silence of the accused).
(in this case, the military
failure to articulate any "interests of justice" to give the
instruction over the defense objection, other than the standard fear of
misuse of the appellant's silence, indicates that such "interests of
simply did not exist; the standard fear that members might hold an
silence against him has already been accounted for by the President in
301(g) and resolved by giving the election to the defense team, except
in an
unusual case; a generalized fear that the panel will misuse an
silence, by itself, does not provide a basis for concluding that the
circumstances of a case are so unusual as to warrant rejection of a
objection to the instruction).
States v. Smith, 50 MJ 451 (a military judge is required
instruct, sua sponte, on the elements of each lesser-included
for which there is in the record some evidence reasonably placing these
offenses in issue).
to object to an
or the omission of an instruction before the members close to
constitutes a waiver of that objection absent plain error; waiver,
must be established by affirmative action of counsel and not merely by
to object to erroneous instructions or to request proper instructions).
States v. Glover, 50 MJ 476 (if a military judge omits
any instruction on an element of the charged offense, this error may
not be
tested for harmlessness because the court members are prevented from
considering that element at all; where the military judge fails to only
to give
a more specific or amplified instruction on the meaning of terms, the
will test for plain error where no such instruction is requested).
States v. Griffin, 50 MJ 480 (the military judge has
duty to
instruct sua sponte on all lesser-included offenses reasonably
raised by
the evidence; the lesser-included offense instruction is proper where
greater offense in issue requires the members to find a disputed
element which is not required for conviction of the lesser-included
appellant used a
during an altercation, but contended that he did not intend to stab or
harm his
victim, no instruction on the lesser-included offense of assault
consummated by
a battery was required where there was no factual dispute that
appellant used a
dangerous weapon in his assault upon the victim; there was no disputed
element which was not required for conviction of the lesser-included
States v. Brown, 50 MJ 262 (in instructing on the
elements of
proof, a military judge may not instruct in such a way that the will of
Congress is ignored or diluted concerning the requirements of guilt
provided in
the UCMJ).
States v. Hargrove, 51 MJ 408 (with respect to charges
willfully disobeying the lawful command of a superior commissioned
military judge should have instructed members on the lesser- included
of failing to go to his appointed place of duty where: (1) the
issuing the order left details to subordinates, thus raising question
whether the officer put the full weight of his office behind a
requirement to
sign in periodically; and, (2) during testimony, the first sergeant and
battalion commander referred to the misconduct as "breaking
restriction", a
reflection of the command's perception of appellant's actions).
States v. Wells, 52 MJ 126 (an accused is entitled to an
instruction on a lesser-included offense if reasonably warranted by the
evidence presented; that is, when the evidence would permit the members
rationally to find the accused guilty of the lesser offense and not
guilty of
the greater).
(military law requires a military judge to give an instruction on a
lesser-included offense sua sponte when there is some evidence
reasonably places the lesser-included offense in issue; that is, when
there is
some evidence, without regard to its source or credibility, before the
upon which they might rely if they choose).
(testimony of appellant concerning a heated domestic dispute, the
of the victim exacerbating this dispute, the victim's display of a gun,
appellant's belief that a shot was fired at him as he left initially,
and the
presence of the victim with a gun when appellant returned, placed heat
passion and adequate provocation at issue in the case so as to require
instruction on lesser-included offense of voluntary manslaughter).


text:
vietnam4all.net Dating comedy video free online tv top top celebrities vietnam4all. | 0 trailers |
Social Media Analysis
Vietnam4all.net has over 0 followers on popular social networking platforms such as Facebook. It has been bookmarked over 15 times across major social bookmarking services such as Delicious. Vietnam4all.net has been mentioned at least 2 times throughout top social news destinations such as Google News. Over 1 discussions are happening around vietnam4all.net on the web.
Networking0 twitter followers 0 facebook likes 0 myspace results 0 bebo results |
Bookmarking15 delicious bookmarks 0 bibsonomy bookmarks 0 folkd bookmarks |
Media161 youtube videos 0 flickr pictures 0 dailymotion videos |
News0 google stories 0 yahoo stories 0 digg submissions 0 reddit submissions 0 topix stories 2 topsy mentions |
Other0 yahoo questions 0 google groups 1 wikipedia articles 0 livejournal entries |
Social Media Score Widget Place this interactive always-updated SiteTrail social media score widget on your site. Just copy and paste the html. |
SEO Analysis
Vietnam4all.net has an average of 3,782 pages indexed in major search engines like Google, Yahoo and Bing. There are an average of 1,431 links pointing back to vietnam4all.net from other websites around the world. There are a total of 2 listings about vietnam4all.net in DMOZ (0 categories) and Yahoo! Directory.
Indexed Pages0 google pages 10,036 yahoo pages 1,310 bing pages |
Backlinks0 google backlinks 4,292 yahoo backlinks 0 bing backlinks 64 alexa backlinks 5/10 google pagerank |
Last CrawledNot available Apr 26, 2011 (12:00 AM UTC) Apr 28, 2011 (7:46 PM UTC) |
Directories0 dmoz listings 2 yahoo listings |
OtherNot available Invalid, 145 errors, 5 warnings, utf-8 charset, -//W3C//DTD HTML 4.01 Transitional//EN doctype |
DMOZ CategoriesDMOZ categories for vietnam4all.net are not available. |
SEO Score Widget Place this interactive always-updated SiteTrail SEO score widget on your site. Just copy and paste the html. |
Visitor Analysis
Every month, 1,258 unique visitors visit vietnam4all.net, each of whom come back to the site 5.1 times. Majority of them (34%) come from the Belgium region and 0 have subscribed via RSS.
Visitors2,516 compete visitors 0 quantcast visitors |
Visits12,771 compete visits 0 quantcast visits |
Pageviews96,030 pageviews |
Syndication0 rss subscribers |
Visitor CountriesBelgium 34% United States 29.6% Canada 16.8% Vietnam 9.7% |
Traffic Analysis
On average, vietnam4all.net is ranked #337,173 across major traffic ranking services such as Alexa and Compete. This metric shows the popularity of vietnam4all.net compared to other sites around the web.
Traffic Ranks#469,106 alexa rank #542,414 compete rank #0 quantcast rank Blog Rank#0 technorati rank |
Rank Trend |
Visitor Trend |
Bounce Trend |
Traffic Rank Widget Place this interactive always-updated SiteTrail traffic rank widget on your site. Just copy and paste the html. |
Revenue Analysis
Vietnam4all.net has the potential to earn $2,130 USD in advertisement revenue per year. If the site was up for sale, it would be worth approximately $3,834 USD.
Revenue$6 USD per day $178 USD per month $2,130 USD per year |
Worth$3,834 USD |
Value Widget Place this interactive always-updated SiteTrail value widget on your site. Just copy and paste the html. |
Content Analysis
Vietnam4all.net's home page is 145879 bytes in size. It has 117 (0% have "alt" attribute). Out of the 2,010 unique keywords found on vietnam4all.net, "vietnam" was the most dense.
TitleVietnam4all.net News Video SEO #1 Web Marketing Fashion Celebrity Music Culture Meta DescriptionMeta Keywords |
Page Size145.88 KB Images82 JPG, 9 GIF, 0 PNG 0 alt tags, 0 title tags 0 internal, 117 external 117 total |
Keyword Densityvietnam 1.59% gii 1.54% cng 1.04% vit nam 0.6% tin nng 0.45% gc vit 0.4% thi trang 0.3% vang ngi vit 0.2% laugh video video 0.15% just laugh video 0.15% |
Link Analysis
The home page of vietnam4all.net links to 496 web pages, 102 of which point to external sites (e.g. ebay.com). The page also 341 anchor texts of which 0 are nofollow.
Internal394 follow, 0 nofollow 280 anchor tags, 0 title tags 394 total |
Outbound102 follow, 0 nofollow 62 anchor tags, 0 title tags 102 total |
Anchor Texts
Outbound Domains
Hosting Analysis
The primary web hosting server where vietnam4all.net is hosted resolves to the IP address 220.127.116.11 and is located at Scottsdale, Arizona, United States.
IP Address220.127.116.11 IP Decimal (Long)1632276502 Reverse IPp3nw3sh080.shr.prod.phx3.secureserver.net Server LocationScottsdale, Arizona United States (85260) 33.6119 (lat) / -111.891 (long) Hosting CompanyGoDaddy.com, Inc. 14455 N Hayden Road Suite 226 Scottsdale, AZ (85260) United States |
Domain Analysis
The vietnam4all.net domain name was registered about 4 decades ago in 1970. It will expire in 4 decades ago and was last updated 4 decades ago.
Domain StatusNot available |
RegistrarGoDaddy |
NameserversNot available |
Registrant ContactFrancois Van C.P. 44642 BARCLAY Montreal, Quebec H3S 2W6 Canada |
Admin ContactVan, Francois C.P. 44642 BARCLAY Montreal, Quebec H3S 2W6 Canada 4509756399 Fax -- |
Technical ContactVan, Francois C.P. 44642 BARCLAY Montreal, Quebec H3S 2W6 Canada 4509756399 Fax -- |
Server Analysis
On average, vietnam4all.net web pages load in 141 milliseconds. The site uses about 2 different types of web software that we know of and consists of about 14% JavaScript code.
Software Used
Languages Used
Page Speed0.141 seconds |
Color Analysis
The top colors used in vietnam4all.net's web template color pallete are very pale blue, light light blue, ice blue, light grey, light blue grey, duck egg blue, very light pink, ice. Typically, lighter colored websites are more trustworthy and easier to use.
Very Pale Blue
Light Light Blue
Very Pale Blue
Ice Blue
Light Grey
Light Light Blue
Light Blue Grey
Duck Egg Blue
Very Light Pink
DNS Record Analysis
Vietnam4all.net has 1 address (A) records, 2 name server (NS) records, 1 start of authority (SOA) records, 2 mail exchanger (MX) records and 0 text (TXT) records in its domain name system (DNS).
Host | Class | Type | IP | TTL | Target | Other |
vietnam4all.net | IN | A | 220.127.116.11 | 3600 | ||
vietnam4all.net | IN | NS | 3600 | ns01.domaincontrol.com | ||
vietnam4all.net | IN | NS | 3600 | ns02.domaincontrol.com | ||
vietnam4all.net | IN | SOA | 3600 | mname: ns01.domaincontrol.com rname: dns.jomax.net serial: 2006113000 refresh: 28800 retry: 7200 expire: 604800 minimum-ttl: 86400 | ||
vietnam4all.net | IN | MX | 3600 | mailstore1.secureserver.net | pri: 10 | |
vietnam4all.net | IN | MX | 3600 | smtp.secureserver.net | pri: 0 |
HTTP Header Analysis
HTTP header reponses show how vietnam4all.net responds to incoming Hyper Text Transfer Protocol (HTTP) requests from connecting clients (e.g. web browsers).
Content-Length: 142687
Content-Type: text/html
Content-Location: http://vietnam4all.net/default.htm
Last-Modified: Fri, 29 Apr 2011 22:38:16 GMT
Accept-Ranges: bytes
ETag: "bf85c121be6cc1:7785e"
Server: Microsoft-IIS/6.0
X-Powered-By: ASP.NET
Date: Sat, 30 Apr 2011 10:19:20 GMT
Connection: close
Content-Length: 142687
Content-Type: text/html
Content-Location: http://vietnam4all.net/default.htm
Last-Modified: Fri, 29 Apr 2011 22:38:16 GMT
Accept-Ranges: bytes
ETag: "bf85c121be6cc1:7785e"
Server: Microsoft-IIS/6.0
X-Powered-By: ASP.NET
Date: Sat, 30 Apr 2011 10:19:20 GMT
Connection: close
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text:
To understand how the
Singapore Special Branch contrived the appointment of their agent at the very top
of the banned MCP we need to go back to Lai Tek's first steps on the political
stage of Southeast Asia. We now know that he was born in Saigon in 1903 – then
the capital of the federated French colony of Indochina. His father was
Vietnamese, his mother Chinese. This means that his ethnicity would have been
described as métis, or in Vietnamese minh huong. Leon Comber points out that
there remains uncertainty about his birth name: it may have been Nguyen Van
Long or Hoang A Nhac. Vietnamese communists have claimed, convincingly it seems,
that Lai Tek was born not in Saigon but further south in Ba Ria and that his
original name was Pham Van Dac. He studied at the Petrus Ky Lycée in Saigon. These sources also said
that when Pham Van Dak, as Lai Tek was probably called, became a communist he was
known as 'Lai rac'. He had at one time, he claimed, been forced to flee French
Indochina for Thailand. It is not uncommon for Vietnamese to use different
names in different circumstances but it seems to be typical of Lai Tek to evade
being pinned down, even now. What is certain is that in 1925, when Lai Tek had
turned 22, he was arrested by the Sûreté
Générale Indochinoisie – a bureau of the French colonial secret service. There
are no details about what happened next and why. The French released Lai Tek
having secured his agreement to work as an informer. It is impossible to say
what kind of pressure was applied, if any, that persuaded or forced Lai Tek to
betray his comrades. It may simply have been greed. At the height of his power
in Singapore, Lai Tek lived high on the hog. But treachery seems to have come
naturally to him. Betrayal without conscience is the pattern of his life – until
he was betrayed himself one day in 1947. In colonial Southeast Asia, French,
Dutch and British security forces often cooperated, despite their jealous
protection of their colonial possessions. The motivation was, of course, a
shared and consuming fear of communism. In the early 1930s, René Onraet the
head of Singapore Special branch paid a cordial visit to his opposite number in
Saigon. There is no evidence that he was introduced to Lai Tek, but we do know
that by this time he was no longer considered a useful asset and was 'offered'
to the British. Onraet chose not to activate Lai Tek immediately. In the
meantime, Ho Chi Minh despatched a number of Vietnamese communists, including
the treacherous Lai Tek, to Moscow for training with the Comintern which had
recently established a Far Eastern Bureau in Shanghai. From this nerve centre,
the Comintern and the CCP monitored and directed communist cadres in the Nanyang. In the next few years, Lai Tek
seems to haves shuttled between China and the Soviet Union – leaving no
evidence about what he was up to. We have no idea whether the Singapore Special
Branch took much interest in Lai Tek. The fact that he was known to both the
French, and continued to work for them, and the British security agencies
suggests that this was likely. The French and British cooperated closely. In
May, 1931 Onraet sent an invitation to George Nadaud, who was the Controlleur
Générale de la Sûreté Générale Indochinoise to attend the trial in Singapore of
the French Comintern agent Joseph Ducroux, also known, appropriately enough, as
Serge Lefranc, who had been coordinating communist units in Singapore while
masquerading as a businessman. This close working relationship between the
Singapore Special Branch and the Sûreté Générale in Saigon would support the
idea that when Lai Tek walked into that grocery store in Hong Kong, he was
already acting as a British agent.
Thursday, 5 July 2012
Lai Tek 2
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The Canadian Press - ONLINE EDITION
Villanova can't match '85 champs
DETROIT - Villanova is still chasing that 1985 legacy.
That improbable national championship won by Rollie Massimino's Wildcats 24 years ago remains the only one in the program's history. Jay Wright's 'Cats inched closer than any Villanova team since, but that was little consolation after the Tar Heels knocked them out 83-69 Saturday night with Massimino and several '85 Wildcats cheering them on.
"I don't think I would ever plan on being back," Wright said. "But we're going to work hard on it. What I've also learned is, I never know when it's your time."
In the year of the Big East, Villanova (30-8) was the last conference team standing.
The Wildcats believed this really was their time. They didn't have a two-game losing streak all season, won 30 games for the first time ever, and a senior class led by starters Dwayne Anderson, Shane Clark and Dante Cunningham finished with a record 102 victories.
"Everything about it was everything you dreamed of," Cunningham said.
Then it all went wrong.
The loss wasn't a total shocker. The top-seeded and more talented Tar Heels were determined to erase their embarrassing Final Four effort last season. But straying from "Villanova basketball" - an attacking, driving, get-to-the line mentality - proved to be a disaster.
That brand of basketball is how they turned a 14-point hole against American in the tourney opener into a 13-point victory. It's how they shredded UCLA and Duke in back-to-back 20-point victories over perennial title contenders. It's how they got March's defining moment on Scottie Reynolds' end-to-end game-winning layup against No. 1 seed Pitt in the regional final.
When the Wildcats abandoned that philosophy for a steady, empty string of jacked-up threes, it's how they got sent home.
"We had a great season," guard Reggie Redding said. "We're not going to try to let this loss spoil the great season we had."
Wright has molded the Wildcats into a national power again after years stuck in Big East mediocrity. The team thrived in a brutal Big East, finished fourth and earned a No. 3 seed in its fifth straight NCAA tournament, the second longest streak in team history.
Advancing to the Final Four for the first time since '85, the Wildcats had the unenviable task of trying to live up to that magic moment.
"Our practice facility, when you walk in there's a big screen where they play the song, 'One Shining Moment' and they relive that run," Wright said. "And I hit that button every time I go in there, so everybody that is behind me looks at it. They see it every day."
Reynolds, Cunningham and the rest of the Wildcats were peppered with as many questions about 1985 as they were of their next opponent. Massimino, parked behind the bench during this tournament run, got nearly as much TV face time as Wright. By the end, the players seemed exasperated by the '85 fuss. When one question to Reynolds started with an '85 reference, he shook his head and rubbed his hand over his face like he couldn't bear to hear another one.
With the loss, the focus shifts to the future.
The Wildcats already caught one break for next season - the NCAA tournament won't stop in Detroit. The Wildcats were eliminated the last two years (Kansas, Carolina) on the raised court at Ford Field. And Saturday night's defeat could be a good-luck sign for the Tar Heels since 'Nova has been eliminated by the eventual national champ three of the last four years. A North Carolina victory would make it four.
"I thought in '06, that was our time. I thought we had the team," Wright said. "We ran into the national champion, (Florida) in the Final Eight. We might have run into the national champion tonight."
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Have a Question?
Test your The Sims 3 Pets knowlege! | |
Can you answer these questions about The Sims 3 Pets? If you have a question and you are having trouble finding it then just post it here. You do not need to login to post it or even to answer. |
We need Your feedback! | |
Is The Sims 3 Pets any good? Would you recommend it to a friend? What do you like? What do you NOT like?
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To enable cheats, press start while your family is loading. Hold in L1, L2, R1, and R2. Now choose Spoot (found under Decor-meiscellaneous). Add him to your lot and then you can choose any of the cheats. | ||
By: Horror Spooky(251) | ||
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Rich | 50% | |
Close your 3DS Go for a walk open the 3DS when you have 5 play coins go the sims 3 pets go in to karma powers find the rich one and use it | ||
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How to do pretty much anything | 33% | |
Type testingcheatsenabled true on the cheat code type box, then click on the letterbox whilst holding shift, and now choose what you want to do! I always use this cheat. I hope you enjoy it! | ||
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How do you get more than 6 people in a household? | ||
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How too get twins's an triplet's | 33% | |
Well if you want twin's then when you see the mother throwing up then you need to take her to the store and buy a 20 watermelon for boy's and if you want a girl then you buy 20 apple then if you want triplet's then get 30 watermelon's ( boy) 30 apple's (girl's) so that's how you do it | ||
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How to delete/reset a sim on Sims 3 Pets PS3 | 33% | |
Well one boring & annoying way is to move house & kick out a sim but... If you have done the, Start menu L1, L2, R1, R2 cheat you can.. 1. Build & Buy Mode>Buy>Decor>Miscellaneous>Page 1>Spoot the Magic Llama>Place it on lot. 2. In live mode hold R2 & click your mailbox, it'll say "Reset Sim.." press 'X' then click any sim you would like to delete/reset. Thanks! :P Enjoy resetting/deleting your Sims! P.S...If it does or doesn't work then please comment about it. | ||
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Money | 25% | |
Druk L1 L2 R1 R2 gelijktijdig in daarna heb je oneindig geld (LET OP) (Je krijgt het niet meer weg van je mannetjes en je account) Maak dus een ander account MVG,Lars | ||
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How to get $999,999,999,999,999,999 in one second | 9% | |
You right motherload on that cheat code thing.then you are rich then you can by a gun a shoot people. | ||
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