Wednesday, December 10, 2008

Honey, I kept the docket from shrinking more

Lately I've been bemoaning the dearth of cases on CAAF's docket. So I was glad to see that the day after summarily disposing of Hickman, CAAF added a case to its docket: United States v. Paige, __ M.J. ___, No. 08-0805/MC (C.A.A.F. Dec. 9, 2008). Here's the granted issue: "WHETHER TRIAL COUNSEL COMMITTED PLAIN ERROR DURING HIS CLOSING ARGUMENT ON THE MERITS WHEN HE COMMENTED THAT THE GOVERNMENT'S EVIDENCE WAS UNCONTRADICTED, THEREBY INDIRECTLY COMMENTING ON APPELLANT'S FAILURE TO TESTIFY AND PRODUCE EVIDENCE IN HIS DEFENSE." And here's a link to NMCCA's unpublished opinion in the case. United States v. Paige, No. NMCCA 200600587 (N-M. Ct. Crim. App. Jul. 1, 2008).

But granting in Paige while disposing of Hickman, CAAF has merely kept its docket size constant for the week.

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