Wednesday, May 13, 2009

Another en banc published NMCCA opinion

United States v. Yammine, __ M.J. ___, No. NMCCA 200800052 (N-M. Ct. Crim. App. May 12 2009) (en banc). Senior Judge Couch for the court.

(Unfortunately, I probably won't have time to synopsize it tonight. I invite my colleagues to comment on it if they wish.)

1 comment:

Anonymous said...

I was going to write something snarky like 'Half the evidence against him was inadmissible and the court still found harmless error', until I got to the conclusion.

The court convinced me it was.

The DI was cold busted off the BEQ room testimony of the victim, and on top of it he put himself half in the frame with his own mouth. The only smart thing the DI did was chicken out on meeting the victim for the second round on the set up.