CAAF’s Daily Journal here provides a nice glimpse at what is an on-going drama in the Navy-Marine Corps Trial Judiciary. Moreno is being retried. I don’t have all the details, but there were apparently cross-extraordinary writs from the trial level to NMCCA. NMCCA decided the writs, partially barring introduction of some critical government evidence. A writ-appeal went up to CAAF on other issues. Presumably, the case now goes back to the trial level where the government will have to decide how to proceed without some of its evidence.

The really interesting part to me is NMCCA’s decision appears to be classified. I cannot find it anywhere. Any dead or mythological bloggers out there that have extra-sensory powers that can help track down the missing NMCCA opinion?
(As an aside, nice to hear from you ADM Nelson, it’s been a while)

This is in addition to the writ of prohibition that CAAF denied at 64 M.J. 238 on 31 Oct 2006.

Why wouldn’t the opinion be posted on NKO or the website?

And remember footnote 19 in the Moreno opinion suggesting that there might be Sixth Amendment prejudice if there was a problem on retrial . . . .

Moreno appears to be a problem for the government that is not going away.

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