CAAF has granted review in another Melendez-Diaz drug lab litigation package case, ordered expedited briefing, and set the case for oral argument at Stanford Law School on 7 April. Here are the granted issues in United States v. Lusk, No. 11-0166/AF:
I. WHETHER THE MILITARY JUDGE ERRED IN ADMITTING DR. SMITH’S TESTIMONY OF THE AFIP DRUG TEST RESULT UNDER MRE 703 IN VIOLATION OF THE CONFRONTATION CLAUSE.
II. WHETHER THE AFCCA ERRED IN FINDING THAT THE TRIAL JUDGE’S FAILURE TO GIVE A LIMITING INSTRUCTION REGARDING ADMISSION OF THE AFIP RETEST RESULT WAS HARMLESS BEYOND A REASONABLE DOUBT.
III. WHETHER THE AFCCA ERRED, AFTER FINDING TESTIMONIAL EVIDENCE HAD BEEN IMPROPERLY ADMITTED AT TRIAL, BY CONCLUDING THAT THE TRIAL ERROR WAS HARMLESS BEYOND A REASONABLE DOUBT.