The NMCCA continues to pump out the Fosler cases with affirmances.
But today there’s an interesting opinion in a urinalysis case. United States v. Alicea It’s unpublished. It’s about the use of documents and testimony from an expert about a urine sample tested by the Navy drug lab.
NMCCA found the military judge abused his discretion, and the error was not harmless beyond reasonable doubt.
The case was tried in April 2011, so it’s somewhat surprising. Anyway, worth the read.