CAAF granted review of an Army case today.  United States v. Wincklemann, __ M.J. __, No. 11-0280/AR (C.A.A.F. July 7, 2011).  Of course the grant included the obligatory Fosler trailer.  But CAAF also granted review of two non-Fosler issues:

I. WHETHER THE LOWER COURT ERRED IN AFFIRMING THE FINDING OF GUILTY AS TO SPECIFICATION 3 OF CHARGE III WHEN IT FOUND THAT AN ONLINE CHAT CONTAINING THE LINE “U FREE TONIGHT” WAS SUFFICIENT TO PROVE ATTEMPTED ENTICEMENT.

II. WHETHER THE ARMY COURT OF CRIMINAL APPEALS ERRED BY AFFIRMING FORFEITURE OF ALL PAY AND ALLOWANCES WHEN THE CONVENING AUTHORITY DID NOT APPROVE ANY FORFEITURE.

ACCA’s unpublished decision in the case, featuring a separate concurring in part/dissenting in part opinion by Judge Ham the Great as well as a concurring in the result opinion by Judge Gifford, is available hereUnited States v. Winckelmann, No. ARMY 20070243 (A. Ct. Crim. APp. Nov. 30, 2010).

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