CAAF granted review on the following issue today:

Whether Appellant’s conviction for indecent acts with another must be set aside because the military judge issued erroneous and misleading instructions supporting indecent acts as an available lesser-included offense to the original rape charge and the resulting conviction under Charge I and its specification amounted to a fatal variance.

United States v. Jones, __ M.J. ___, No. 09-0271/AF (C.A.A.F. July 1, 2009) (order).

AFCCA’s unpublished decision in the case is available here. United States v. Jones, No. ACM 36965 (A.F. Ct. Crim. App. Oct. 22, 2008).

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