NMCCA has issued a published opinion in the en banc reconsideration of United States v. Simmons.  The big panel reverses and overrules the little panel.

3 Responses to “In the NMCCA”

  1. Peanut Gallery says:

    Same thing in Lonsford – also just released – except the reconsideration in Lonsford was sua sponte.  Footnote 3 is interesting.  I could be wrong, but I thought military pleadings were analyzed differently than those in U.S. District Courts.  Also, a very cogent dissent from Judge Perlak.  Some good nuggets in there. 

  2. John Fogley says:

    CCA en banc panels are a waste of tax money, and so is having more than one CCA. 

  3. Socrates says:

    Yes, John, but we can easily recoup this lost taxpayer money through the use of pornography sales, with Marine actors, all ‘officially endorsed’ by the US military.  I mean, if the public would think its ‘officially endorsed’ anyway, as the panel evidently does, then why not make some money off it?