One more problem with the Wuterich opinion

In addition to its more major problems, NMCCA's opinion in United States v. Wuterich, __ M.J. ___, No. NMCCA 200800183 (N-M. Ct. Crim. App. June 20, 2008), appears to have misidentified one of CBS News' lawyers in the case.

The opinion lists the counsel for "For Non-Party Appellee" (a seeming oxymoron -- Black's Law Dictionary defines "Appellee" as "A party against whom an appeal is taken . . . ") as: "Mr. Lee Levin, Esq., Mr. Seth D. Berlin, Esq., and Ms. Nicole Auerbach, Esq." I assume that first name should be Lee Levine, a founding partner of Levine Sullivan Koch & Schulz, L.L.P., an adjunct professor at the Georgetown University Law Center, and the past chair of the American Bar Association's Forum on Communications Law.