CAAF granted review in two Air Force cases today.  The granted issue in United States v. Savard, No. 10-0334/AF, is:

WHETHER THE MILITARY JUDGE ERRED BY DENYING TWO WRITTEN DEFENSE MOTIONS WITHOUT HOLDING DEFENSE-REQUESTED ARTICLE 39(a) SESSIONS DESPITE RCM 904(h), WHICH PROVIDES THAT “UPON REQUEST, EITHER PARTY IS ENTITLED TO AN ARTICLE 39(a) SESSION TO PRESENT ORAL ARGUMENT OR HAVE AN EVIDENTIARY HEARING CONCERNING THE DISPOSITION OF WRITTEN MOTIONS.”

The Air Force Court’s unpublished Savard opinion is available here.

The granted issue in United States v. Flores, No. 10-0332/AF, is:  “WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL.”  The Air Force Court’s opinion is designated as published, but I can’t find it in WESTLAW.  It’s available here.

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