In what is no doubt the latest reflection of the alarmingly high number of child pornography cases in the military justice system, CAAF yesterday granted review of this issue: “WHETHER THE COURT-MARTIAL HAD JURISDICTION OVER THE OFFENSE OF DISTRIBUTING AN IMAGE OF CHILD PORNOGRAPHY WHERE APPELLANT POSTED THE IMAGE ON THE INTERNET PRIOR TO ENTERING ACTIVE DUTY AND HE TOOK NO FURTHER STEPS TO DISTRIBUTE THE IMAGE AFTER IT WAS INITIALLY POSTED.” United States v. Kuemmerle, __ M.J. ___, No. 08-0448/NA (C.A.A.F. July 15, 2008). CAAF ordered the parties to file briefs.
I can’t find NMCCA’s decision on the court’s web site or even on NKO. Does anyone have a copy of what the court did below?