CAAF has granted review of yet another Crawford v. Washington issue. This grant was posted on CAAF’s daily journal today:
WHETHER, IN LIGHT OF CRAWFORD v. WASHINGTON, 541 U.S. 36 (2004), THE ARMY COURT OF CRIMINAL APPEALS COMMITTED REVERSIBLE LEGAL ERROR BY AFFIRMING THE ADMISSION OF TESTIMONY BY A SEXUAL ASSAULT NURSE EXAMINER, WHO SERVED AS A CONDUIT FOR THE INADMISSIBLE HEARSAY STATEMENTS OF AN ABSENT BUT AVAILABLE VICTIM.
United States v. Aguilar, __ M.J. ___, No. 07-0519/AR (C.A.A.F. Aug. 28, 2007). CAAF ordered the parties to brief the issue.
4 of the 45 cases in which CAAF has granted review and ordered briefs this calendar year have involved Crawford issues. Aguilar; United States v. Harcrow, __ M.J. ___, No. 07-0135/MC (C.A.A.F. June 15, 2007); United States v. Pack, __ M.J. ___, No. 07-0085/MC (C.A.A.F. June 5, 2007); United States v. Foerster, __ M.J. ___, No. 07-0093/AR (C.A.A.F. Feb. 20, 2007). CAAF’s opinion in Foerster is published at 65 M.J. 120 (C.A.A.F. 2007). Pack will be orally argued on 25 October at Indiana University School of Law-Bloomington. Harcrow will be orally argued on 6 November on E Street.