US v. Baker, No. 11-6007/AR is available hereUS v. Lusk, No. 11-0166/AF is available here (our fearless leader was one of the counsel for the appellant).  Lusk is a per curiam decision remanding the case to the Air Force Court for a new decision addressing all aspects of Blazier and the instructions in the case.  Baker reverses the Army Court’s reversal of a military judge suppression finding in a purported “show up” photo lineup.  Erdmann, Effron, and Stucky in the majority and Baker and Ryan in dissent.

That leaves only Ellerbrock (Mil. R. Evid. 412) and Sweeney (application of Melendez-Diaz) to be decided.

One Response to “CAAF Releases Lusk and Baker Opinions”

  1. Cloudesley Shovell says:

    I thought at first Baker might say a bit more about eyewitness IDs in general, but it dealt mostly with standards of review and Art. 62 limits on the CCAs.

    Perry v. New Hampshire this fall at the Supreme Court should deal more directly with eyewitness IDs and reliability. It’ll be interesting to see how that case turns out.