Audio of last Monday’s argument before NMCCA in United States v. Foisy is available here.  The argued issue is: “WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE DID NOT ALLOW THE DEFENSE TO INTRODUCE INTO EVIDENCE THE INITIAL NCIS STATEMENT MADE BY PFC FOISY AFTER THE GOVERNMENT HAD ALREADY ADMITTED PFC FOISY’S SUPPLEMENTAL NCIS STATEMENT.”

5 Responses to “NMCCA oral argument audio”

  1. Late Bloomer says:

    The judges sounded a bit condescending, no?

  2. Anonymous says:

    Are you serious? Did you listen to the arguments? Counsel for both sides got a free pass. They would have been sent home crying in any other forum.

  3. Late Bloomer says:

    Free pass? How so? Appellate argument is a different animal, especially when you were not the original trial attorney.

  4. Caesar says:

    It is a shame that this issue was even in front of an Appellate Court. The MJ was clearly wrong. The Government should have conceded the issue.

  5. Anonymous says:

    Then why did they have argument?