CAAF granted review of two Navy cases on Wednesday. Here’s the issue in one:
WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY EXCLUDING, PURSUANT TO M.R.E. 403, RELEVANT EVIDENCE OF A PRIOR HOMOSEXUAL RELATIONSHIP BETWEEN APPELLANT AND A CENTRAL GOVERNMENT WITNESS OFFERED BY THE DEFENSE TO SHOW BIAS AND MOTIVE TO MISREPRESENT ON THE PART OF THE GOVERNMENT WITNESS.
United States v. Collier, __ M.J. ___, No. 08-0495/NA (C.A.A.F. Sept. 24, 2008). NMCCA’s unpublished opinion in the case is available here.
The other newly granted Navy case presents these issues:
I. WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE MILITARY JUDGE DID NOT ABUSE HIS DISCRETION IN FAILING TO SUPPRESS APPELLANT’S STATEMENT TO CIVILIAN AUTHORITIES AS INVOLUNTARY.
II. WHETHER THE LOWER COURT ERRED IN HOLDING THAT THE EVIDENCE WAS LEGALLY SUFFICIENT TO AFFIRM APPELLANT’S CONVICTION.
United States v. Chatfield, __ M.J. ___, No. 08-0615/NA (C.A.A.F. Sept. 24, 2008). NMCCA’s unpublished opinion in this case is available here.