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.
Posted by Dwight Sullivan at 5:17 PM
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3 comments:

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.

Tue Jun 23, 05:31:00 PM EDT
John O'Connor said...

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

Tue Jun 23, 05:59:00 PM EDT
Phil Cave said...

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

Tue Jun 23, 09:28:00 PM EDT

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