On Thursday, CAAF granted a petition and ordered further proceedings to explore a Grostefon IAC issue. United States v. Corum, __ M.J. ___, No. 08-0474/AR (C.A.A.F. July 3, 2008) (summary disposition). CAAF granted review “on the following issue personally raised by Appellant”:
WHETHER APPELLANT WAS DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL WHERE HE DESIRED TO PRESENT INFORMATION CONCERNING HIS MENTAL HEALTH DURING HIS UNSWORN STATEMENT BUT HIS TRIAL DEFENSE COUNSEL ALLEGEDLY REFUSED TO PERMIT HIM TO DO SO. SEE UNITED STATES v. DOBRAVA, 64 M.J. 503 (A. Ct. Crim. App. 2006).
CAAF remanded the case to ACCA “to obtain an affidavit from trial defense counsel that responds to Appellant’s allegation of ineffective assistance of counsel” and to consider the issue. Id.