noting “general practice” of accepting government concession of trial court error, but only after this court reviewed arguments on the merits before agreeing with government’s concession
How later courts described this case
- noting “general practice” of accepting government concession of trial court error, but only after this court reviewed arguments on the merits before agreeing with government’s concession
- accepting government’s concession that trial court committed error requiring reversal
- "It is incumbent upon us, in this case as in any other, to eschew appellate fact-finding, and to avoid usurping the function of the trial court." (internal citation and quotation marks omitted)
- "[C]ourts often view recantations of previous accusatory statements with suspicion or skepticism, in part because witnesses offering recantations are often facing radically different pressures than ... they were at the time of the initial trial.”
Written by the judges who cited it.
The opinion
OBERLY, Associate Judge,
concurring:
I concur in the majority’s decision to remand this case to hold an evidentiary hearing.