The Judge Advocate General of the Air Force certified two issues to CAAF today:

I. Whether the Air Force Court of Criminal Appeals erred in denying the United States’ request that the court order an affidavit from Appellee’s original military defense counsel.

II. Whether an “impression” left by civilian defense counsel that Appellee may not have to register as a sex offender amounted to an affirmative misrepresentation and led to Appellee receiving ineffective assistance of counsel.

AFCCA’s opinion in the case is published at 67 M.J. 630. We discussed AFCCA’s opinion here and here.

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