(85) Accordingly, the second NMCCA
decision was affirmed.
decision of the trial judge, but the NMCCA
affirmed the trial
After the case was remanded by CAAF on other grounds, (154) the NMCCA
re-examined Harris' Sixth Amendment claim of error.
(71) The CAAF concluded that the error was not harmless beyond a reasonable doubt and reversed the NMCCA
(80) On appeal, the Navy-Marine Corps Court of Criminal Appeals (NMCCA
) found the evidence to be factually and legally insufficient for kidnapping because the detention was de minimis.
(87) When the NMCCA
reviewed the case on 16 March 2015, they quickly discovered that the SJA had misinterpreted the effective date for the Article 60 amendments and remanded it back for corrective post-trial processing.
(44) He was then tried and convicted for the first time, but the NMCCA
overturned this conviction because the prosecutor failed to disclose the fact that the Government mental health expert agreed that the accused was not mentally responsible for the stabbing.
The CAAF reversed the decision of the NMCCA
, applying the hierarchy of rights.
2004) (original writ filed after direct appeal sat at NMCCA
for more than four years).
assumption is correct; NMCCA
granted sentence appropriateness relief in
In a unanimous, unpublished decision, the NMCCA
found these facts
Cochrane, the Navy-Marine Court of Criminal Appeals (NMCCA
) upheld a conviction under a Navy policy that prohibited