I spent so much timing trashing the CAAF confirmation book that it’s too late to analyze something truly important: a new opinion on LEXIS’s published CCA case database granting extraordinary relief. See United States v. Orzechowski, NMCCA No. 200300711, 2006 CCA LEXIS 307 (N-M. Ct. Crim. App. Nov. 15, 2006). I’ll post an analysis tomorrow night unless one of the other CAAFlog contributors wants to write it up before then.
But here’s the sticky wicket. NMCCA originally issued the order on 21 September. See 2006 CCA LEXIS 307, at *12. Then NMCCA RERELEASED it on 15 November — apparently in published form, though for some inexplicable reason it isn’t yet posted on NMCCA’s own web site. Here’s the question: does it count as a FY 06 or FY 07 published opinion? See “Moreno effect,” 2 Dec, available at http://caaflog.blogspot.com/2006/12/kisala-cert-petition-by-any-other-name.html (counting CCA published opinions issued so far in FY 07). Your votes on this important scoring conundrum are invited.