Thursday, October 25, 2007

New published NMCCA opinion

First off, happy St. Crispin's Day!

Today NMCCA posted an opinion on NKO that it issued on 23 October. (It isn't yet available on NMCCA's public web site, so I've posted it on In United States v. Ratliff, __ M.J. ___, No. NMCCA 200700512 (N-M. Ct. Crim. App. Oct. 25, 2007), NMCCA rules for the government in an Article 62 appeal challenging a ruling by Judge Klant.

In Ratliff, NMCCA follows ACCA's holding in United States v. Lopez de Victoria, 65 M.J. 521 (A. Ct. Crim. App. 2007), petition granted, __ M.J. __, No. 07-6004/AR (C.A.A.F. Oct. 4, 2007) (order), that the 2003 and 2006 amendments to Article 43 extending the statute of limitations for child abuse offenses apply to offenses for which the original statutory period had not expired when the extensions were enacted.

1 comment:

Justin said...

In an unpub opinion posted yesterday on NKO, US v. Dossey, NMCCA ruled against the government in an Art. 62 appeal of a mistrial ruling. The facts aren't crystal clear, but the gist of NMCCA's position is. No jurisdiction over this mistrial ruling, which was not an abuse of discretion. (What if it had been?)