Tuesday, June 23, 2009

NMCCA's Ross opinion

Yesterday, we discussed CAAF's grant of a Walters/Seider issue in United States v. Ross. We have now received a copy of NMCCA's opinion in the case, which we've posted here. United States v. Ross, No. NMCCA 200800313 (N-M. Ct. Crim. App. Dec. 4, 2008) (per curiam).

This case effectively refutes some sniping in the comments section suggesting that the CCAs haven't been sufficiently attentive to Walters/Seider issues. This case was originally submitted on the merits to NMCCA, which specified the Walters/Seider issue.


Anonymous said...

I would surmise that the only reason the Walters issue was on NMCCA's radar screen was because they had just had oral argument on it in Trew.

So I would hesitate before giving them too much credit.

John O'Connor said...

Well, it wasn't on appellate defense counsel's radar screen, apparently.

Phil Cave said...

Not the first time NMCCA has had to specify an issue, and then grant relief, and then CAAF grant complete relief.