Yesterday CAAF granted review of an interesting issue in an Army case: “WHETHER THE MILITARY JUDGE, OVER APPELLANT’S OBJECTION, ERRONEOUSLY INSTRUCTED THE PANEL THAT AGGRAVATED SEXUAL ASSAULT WAS A LESSER INCLUDED OFFENSE OF RAPE BY FORCE.” United States v. Alston, No. 10-0172/AR. ACCA’s unpublished decision addressing the issue is available here. United States v. Alston, No. ARMY 20080504 (A. Ct. Crim. App. Nov. 19, 2009).