CAAF today granted review of this issue in an Army case:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE REJECTED APPELLANT’S PLEA BASED UPON A NECESSITY DEFENSE THAT IS NEITHER RECOGNIZED IN MILITARY COURT NOR APPLICABLE TO APPELLANT’S CASE

United States v. Holsey, __ M.J, __, No. 12-0597/AR (CA.A.F. Sept. 13, 2012).  ACCA had affirmed the findings and sentence in a two-sentence summary disposition.

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