Here is a link to United States v. Prest, NMCCA’s most recent unpublished opinion. In the unpublished opinion on NMCCA’s new website, Judge Maksym, for a unanimous panel, sets aside charges of disobedience and disrespect as legally and factually insufficient, holding:
We are not satisfied beyond a reasonable doubt that the appellant’s voluntary intoxication did not negate his ability to form the specific intent necessary to commit the offense of disobedience of a superior commissioned officer or otherwise satisfied the knowledge element of the disrespect charge, namely Specifications 1 and 2 of Charge I and Charge II. Accordingly, we find that there is substantial basis in law and fact to overturn the pleas to those offenses.
Judge Maksym then gives the appellant the astroturf by finding no sentence relief is due. The opinion also is the first I have seen with civilian Code 45 cousnel, Rebecca Snyder. Ms. Snyder is a Code 45 alum now a civilian in appellate defense. Thus, Snyder is to the Marine Corps what CAAFlog is to the Air Force. Am I the only one that thinks that is bizarre?