To be “clearly erroneous” a finding of fact “must be more than just maybe or probably wrong; it must strike us with the force of a five-week-old unrefrigerated dead fish.” United States v. Rivera, __ M.J. ___ (N-M. Ct. Crim. App. 2022) citing United States v. Cooper, 80 M.J. 664, 672 n.41 (N-M. Ct. Crim. App. 2020).
To quote brother Pat McLain, that is all.
1 Comment
Jim Young
12/9/2022 12:19:17
Origin of quote appears to be Parts & Elec. Motors, Inc. v. Sterling Elec., Inc., 866 F. 2d 228, 233 (7th Cir. 1988). Your comment will be posted after it is approved.
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