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Positional asphyxiation (view source)

Revision as of 03:45, November 19, 2022

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'''Positional asphyxiation''' is a fallacious medical theory misused to obtain criminal convictions.  The theory is physically implausible and intrinsically entails [[reasonable doubt]] such that no reasonable [[jury]] would convict based on it.
 
'''Positional asphyxiation''' is a fallacious medical theory misused to obtain criminal convictions.  The theory is physically implausible and intrinsically entails [[reasonable doubt]] such that no reasonable [[jury]] would convict based on it.
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Improperly relying on a biased [[Wikipedia]] entry, the [[Michigan]] Supreme Court declared that:
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{{cquote|"Positional asphyxia refers" to suffocation that results when someone's position prevents them from breathing properly. See < http://en.wikipedia.org/wiki/ Positional_asphyxia> (accessed July 27, 2004).}}
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Bryant v. Oakpointe Villa Nursing Ctr., Inc., 471 Mich. 411, 415 n.2, 684 N.W.2d 864, 867 (2004)
 
[[category:legal Terms]]
 
[[category:legal Terms]]
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