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Friday, September 26, 2008
NMCCA issues new published opinion
Where a command has lost the original record of trial, is it permissible to proceed on the basis of a photocopy of the original transcript? Yes, rules NMCCA today in a brief published opinion. United States v. Godbee, __ M.J. ___, No. NMCCA 200700073 (N-M. Ct. Crim. App. Sept. 25, 2008). "Based on the undisputed source and completeness of this duplicate, we will apply a presumption of regularity to its creation, authentication, and distribution." Id., slip op. at 3. Here's a link.
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The Chief Judge appears to be adopting the dissenting view in US v. Wild. I notice that Judge Kelly concurs in the results, but he wrote the majority opinion in Wild. Why did he change his opinion? This is the same judge who concurred in US v. Weston but then did not write a dissent in the en banc reconsideration.
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