On Tuesday, CAAF remanded United States v. Rose, No. 09-5003/AF, to the Air Force Court, resulting in the cancellation of next month’s scheduled oral argument in the case. CAAF’s order explains:
Upon further consideration of the certified issue (69 M.J. 198), we note that because of an ambiguity in this Court’s order of October 28, 2009 (68 M.J. 236), where we set aside the decision of the United States Air Force Court of Criminal Appeals, but ordered a new review of only Issue II, the Court of Criminal Appeals, in its subsequent decision of June 11, 2010, acted on the findings with respect to Specifications 1, 2, and 3 of Charge V, but not on the remaining findings and the sentence. This has resulted in having a case before us for review that does not have a complete decision on all findings and a sentence by a Court of Criminal Appeals as required by Article 67(c), Uniform Code of Military Justice, 10 U.S.C. § 867(c) (2006). Accordingly, it is, this 9th day of November, 2010,
That the case is returned to the Judge Advocate General of the Air Force for remand to the lower court to complete its review under Article 66(c), UCMJ, as to the remaining findings and the sentence; and
That the hearing notice issued on September 28, 2010, is hereby rescinded.
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