Another NMCCA Fosler

I have previously posted on the current approach of NMCCA to Fosler cases that are being heard by them for initial review.  So far there has not been an opinion in one of the trailer park remands.  Still no “Fosler” out of Army or Air Force or Coast Guard, so no “split” in the “circuits” for CAAF to decide.

United States v. Glover, No. 201100211 (N.M.Ct.Crim.App., 29 Sep 2011) (convicted according to pleas) – Affirmed. No sentence relief.

I think we have enough NMCCA cases to glean their approach, so I’ll stop counting and just note ones that are out of the ordinary.  Of the cases NMCCA has decided so far I’d expect them all to petition CAAF.  But the one of most interest will be Raucher.  Just when we thought it might get easy on the Fosler issues.  That’s because he was charged under a deficient Article 134, UCMJ, specification, but convicted of an LIO.  Had he been convicted of the 134 specification, then under the NMCCA “Fosler jurisprudence” it appears he would have had the conviction set-aside.

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