CAAF granted review of these two issues today:
I. Where the military judge found that Appellant and his wife had a private conversation while married and not separated, was the military judge correct that Appellant could claim the privilege under Mil. R. Evid. 504 only as to his statements during that conversation but not to his wife’s as well.
II. Whether the Air Force Court of Criminal Appeals erred in finding there was no harm after overturning the military judge’s ruling that Appellant’s act of showing his wife that he had deleted the pictures he said he would was not communicative and therefore not privileged under Mil. R. Evid. 504.
United States v. Durbin, __ M.J. ___, No. 09-0380/AF (C.A.A.F. May 26, 2009).