On Thursday, CAAF granted review of this issue and ordered that no briefs would be filed:

IN APPELLANT’S COURT-MARTIAL, THE MILITARY JUDGE ADMITTED A LABORATORY REPORT WHICH INCLUDED NOTATIONS FROM LAB TECHNICIANS AND A CERTIFICATION DOCUMENT STATING IN PLAIN TERMS THAT APPELLANT TESTED POSITIVE FOR AN ILLEGAL SUBSTANCE.  THE REPORT WAS DESIGNED TO BE “LEGALLY DEFENSIBLE” AT COURT-MARTIAL.  DID THE ADMISSION OF THIS REPORT VIOLATE APPELLANT’S SIXTH AMENDMENT RIGHT TO CONFRONT THE WITNESSES AGAINST HIM ABSENT TESTIMONY FROM THE TECHNICIANS OR THE CERTIFYING OFFICIAL WHO CREATED THE DOCUMENTS IN THE REPORT?

United States v. Sanders, __ M.J. __, No. 11-0563/MC (C.A.A.F. Sept. 15, 2011) (order granting review).

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