NMCCA oral argument audio
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.”
The judges sounded a bit condescending, no?
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.
Free pass? How so? Appellate argument is a different animal, especially when you were not the original trial attorney.
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.
Then why did they have argument?