CAAF granted review of two issues in an Air Force case today:

I. WHETHER APPELLANT’S CONVICTION FOR INDECENT ACTS MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE ERRED IN INSTRUCTING THE JURY THAT INDECENT ACTS IS A LESSER INCLUDED OFFENSE OF AGGRAVATED SEXUAL ASSAULT.

II. WHETHER THE FINDING OF GUILTY TO ADULTERY MUST BE DISMISSED IN ACCORDANCE WITH RULE FOR COURTS-MARTIAL 907(b)(1) BECAUSE IT FAILS TO STATE AN OFFENSE.

United States v. Tunstall, __ M.J. __,. No. 12-0516/AF (C.A.A.F. Aug. 8, 2012).  AFCCA’s unpublished decision in the case is available hereUnited States v. Tunstall, No. ACM 37592 (A.F. Ct. Crim. App. Mar. 28, 2012) (per curiam).

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