Weird issue

Here's the granted issue in United States v. Martinez, __ M.J. ___, No. 07-0028/MC (June 7, 2007):

IN VIEW OF THE PRINCIPLE THAT A MILITARY JUDGE IS PRESUMED TO KNOW AND APPLY THE LAW CORRECTLY, IN A CASE IN WHICH THE JUDGE SITTING ALONE, EVALUATED THE APPELLANT'S CREDIBILITY BASED UPON TWO SPECIFICATIONS LATER DISMISSED ON APPEAL, DID THAT DISMISSAL CREATE IMPROPER SPILLOVER IN THE JUDGE'S CREDIBILITY DETERMINATIONS REGARDING THE APPELLANT'S TESTIMONY AS TO THE REMAINING OFFENSES?

NMCCA's opinion, which is on Navy Knowledge Online, kicked the two marijuana use specs mentioned above because the ROT failed to include the transcript of a motion hearing dealing with the defense's entitlement to expert witness testimony. United States v. Martinez, No. NMCCA 200301483 (N-M. Ct. Crim. App. Aug. 9, 2006) (per curiam).