Here’s a link to CAAF’s opinion in United States v. Douglas, __ M.J. ___, No. 09-0466/AF (C.A.A.F. Feb. 23, 2010), in which CAAF splits 3-2 to hold that the record doesn’t establish beyond a reasonable doubt that the accused wasn’t prejudiced by unlawful command influence.
Judge Ryan wrote for the majority, joined by Chief Judge Effron and Judge Erdmann. Judge Baker and Judge Stucky wrote separate dissents.