Nacchio: 10th Circuit Orders Full Rehearing
Former Qwest CEO Joe Nacchio can't be happy today. The Tenth Circuit Court of Appeals has granted the Government's request for an en banc rehearing of his appeal. The three judge panel which initially heard the appeal threw out Nacchio's convictions because the trial court didn't allow his expert witness to testify. The Government sought review by the full court. Its petition is here(pdf).
Here's today's order (pdf), which specifies the topics they will be addressing at a September 24 hearing. The first relates to whether Nacchio had to ask the court before trial to hold a Daubert hearing and present the methodology of his expert at the hearing -- or demonstrate his expert's methodology some other way before trial, such as in a brief. Next the appeals court will address whether the trial judge failed to give Nacchio the opportunity to do either. [More...]
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