NMCCA heard oral argument in United States v. Lucas, No. 201100372 yesterday.  Today, it issued this order indicating that it has decided to reverse a finding of guilty to rape while upholding a finding of guilty to adultery and set aside the sentence.  To prevent SSgt Lucas from having to serve any more unjustified confinement, NMCCA issued the order preceding preparation of the full opinion.  The order directs that SSgt Lucas be released from confinement “forthwith.”

4 Responses to “NMCCA reverses rape conviction 1 day after oral argument [corrected — thanks Col Baker!]”

  1. Zachary Spilman says:

    We are aware that the appellant has already served over 14 months of post-trial confinement and the affirmed findings of guilty only authorize 12 months of confinement.

    Nice of the court. However, since there appears to be no Moreno issue, that 14 months is almost all time spend awaiting argument at the CCA.

  2. John Baker says:

    2 days?  They argued yesterday and the order was issued today.  Isn’t that 1 day?  Great work at the trial level by Maj Adam Workman and Capt Jason Schick and at the appellate level by Capt Bow Bottomly.

  3. Charles Gittins says:

    While any time spent in confinement for adultery is too much confinement, this is a good thing.  The court tacitly acknowledged that he needed to be released immediately.  Perhaps things are not quite as bad as I believe.  A CCA that does the “right” thing is a “good” thing.

     

  4. John Harwood says:

    Bravo to this CCA.  So now he’s got a federal conviction for adultery … is it too late for the CA to set the whole thing aside?