NMCCA yesterday released this published opinion concerning application of the rule of completeness to two related statements obtained by NCIS. United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). Chief Judge Reismier wrote for the court. Senior Judge Maksym joined the opinion. Judge Beal agreed with the majority’s analysis, but dissented because of his view of Article 120’s constitutionality, which affected his view of the appropriate remedy.
I may not have time this evening, but I’ll try to post something further if none of my CAAFlog colleagues beat me to it. It’s an interesting and well-executed decision.