Nacchio Conviction Reversed, As Predicted

The appeal of Joe Nacchio came out today.  The opinion is posted on the 10th Circuit web site, the panel reversing only on procedural grounds, the trial judge's exclusion of an expert witness without a hearing having been reversible error.  How much of a surprise was it?  We predicted on this Blog the precise outcome, although we indicated that it would be a 3-0 decision.  In fact, as we also noted, Judge Holmes was unsympathetic to the appeal and, in fact, dissented.  We will write more on this opinion tomorrow but one of the most interesting things was the decision to order a new trial judge.  Given Judge Kelly's expression of strong dislike for the way the judge handled the case, it is not a surprise either.