Thursday, February 19, 2009

Burch update

In its first opinion of the current term, CAAF reversed NMCCA for failing to grant relief where the accused was wrongfully confined for 223 days. United States v. Burch, 67 M.J. 32 (C.A.A.F. 2008). The decision remanded the case to NMCCA "to determine and award meaningful sentence relief to Appellant pursuant to its powers under Article 66(c), UCMJ, 10 U.S.C. § 866(c) (2000)." While its decision isn't on its web site, NMCCA on Tuesday released this opinion in the case. United States v. Burch, No. NMCCA 200700047 (N-M. Ct. Crim. App. Feb. 17, 2009).

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