CAAF apparently enjoyed the oral argument in United States v. Wilson, No. 06-0870/AR, so much that it has invited further briefing in the case. Still unclear is whether CAAF will hold a second oral argument.
In the daily journal for 3 May, CAAF ordered briefing on the following issue:
IS THE DEFENSE OF MISTAKE OF FACT AS TO AGE AVAILABLE WITH RESPECT TO A CHARGE OF SODOMY WITH A CHILD UNDER THE AGE OF 16, ARTICLE 125, 10 U.S.C. § 825?
CAAF also invited all of the other appellate government and defense divisions to weigh in with amicus briefs.
Here’s the issue that CAAF originally granted in Wilson:
WHETHER THE ARMY COURT ERRED BY AFFIRMING THE FINDINGS AND SENTENCE WHERE THE MILITARY JUDGE, IN ACCEPTING APPELLANT’S GUILTY PLEA TO SODOMY WITH A CHILD UNDER 16, INSTRUCTED APPELLANT THAT HIS HONEST AND REASONABLE MISTAKE OF FACT DID NOT CONSTITUTE A DEFENSE.
Funny, I would have guessed that the new issue would have come up in the course of briefing and arguing the old issue.