Friday, October 26, 2007
In a comment to the post discussing NMCCA's Ratliff decision below, Justin observes that NMCCA also recently decided a unpublished Article 62 appeal case in which the court dismissed the government's appeal, finding that the trial counsel didn't successfully notice an appeal before the charges had been returned to the convening authority. United States v. Dossey, No NMCCA 200700537 (N-M. Ct. Crim. App. Oct. 23, 2007). I've posted the opinion on CAAFlog.com. The opinion is most notable for an impressive and convincing concurrence by Judge White arguing that a mistrial ruling is not appealable under Article 62.
Posted by Dwight Sullivan at 11:00 PM