CAAF granted review of three cases today, one from Code 45, one from DAD, and one from JAJA.
Here are the granted issues in United States v. Sullivan, No. 10-0383/MC (no relation — I swear!):
I. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY EXCLUDING RELEVANT EVIDENCE THAT SHOWED THE ALLEGED VICTIM HAD A MOTIVE TO FABRICATE HER STORY.
II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY EXCLUDING EVIDENCE EXPLAINING WHY APPELLANT TOLD WITNESSES THAT THE ALLEGED VICTIM HAD NOT TAKEN HER MEDICATION, LEAVING THE MEMBERS WITH THE UNREBUTTED IMPRESSION THAT APPELLANT LIED ABOUT HER NEED FOR MEDICATION TO PROTECT HIMSELF AGAINST ALLEGATIONS OF MISCONDUCT.
NMCCA’s unpublished decision in the case is available here. United States v. Sullivan, No. NMCCA 200900148 (N-M. Ct. Crim. App. Feb. 12, 2010).
Here’s the granted issue in United States v. Edwards, No. 10-0481/AR:
WHETHER THERE IS A SUBSTANTIAL BASIS IN LAW AND FACT TO QUESTION APPELLANT’S PLEA TO ESCAPE FROM CONFINEMENT GIVEN THAT AT THE TIME OF THE ALLEGED OFFENSE HE WAS NEITHER WITHIN A CONFINEMENT FACILITY NOR UNDER GUARD OR ESCORT AFTER HAVING BEEN PLACED IN A CONFINEMENT FACILITY.
ACCA’s summary affirmance of the case doesn’t appear to be online, so we’ve posted it here. United States v. Edwards, No. ARMY 20090257 (A. Ct. Crim. App. Apr. 30, 2010) (per curiam).
And here are the granted issues in United States v. Lofton, No. 10-0565/AF:
I. WHETHER THE AFCCA ERRED IN HOLDING APPELLANT’S CONVICTION OF SPECIFICATION 2 OF CHARGE IV FOR ENGAGING IN CONDUCT UNBECOMING AN OFFICER TO BE LEGALLY SUFFICIENT.
II. WHETHER THE AFCCA ERRED IN HOLDING IT WAS NOT AN ABUSE OF DISCRETION FOR THE CONVENING AUTHORITY TO DENY A DEFENSE MOTION FOR A POST-TRIAL ARTICLE 39(a) SESSION AFTER IT WAS DISCOVERED THAT FAMILY MEMBERS OF THE VICTIMS WERE SENDING TEXT MESSAGES FROM THE COURTROOM TO VICTIMS WHO WERE SEQUESTERED OUTSIDE THE COURTROOM.
AFCCA’s unpublished decision in the case is available here. United States v. Lofton, No. ACM 37317 (A.F. Ct. Crim. App. Apr. 19, 2010).
CAAF is continuing its quick turnaround of supps — the Lofton petition was filed on 18 June and has already produced a grant.