On Wednesday, CAAF granted a cross-petition to consider this issue in Schell, No. 13-5001/AR:
WHETHER THE MILITARY JUDGE’S FAILURE TO DISCUSS WITH CROSS-APPELLANT THAT THE OFFENSE OF ATTEMPTED ENTICEMENT OF A MINOR REQUIRES A SUBSTANTIAL STEP TOWARD THE COMMISSION OF THE UNDERLYING SUBSTANTIVE OFFENSE PROVIDES A SUBSTANTIAL BASIS IN LAW TO QUESTION CROSS-APPELLANT’S PLEA.
United States v. Schell, __ M.J. __, No. 13-5001/AR (C.A.A.F. Feb. 6, 2013).
The Zee Man previously noted the Judge Advocate General of the Army’s certification of Schell here. ACCA’s opinion is published at 71 M.J. 574.
On Monday, CAAF specified an additional issue in Kelly, No. 12-0524:
WHETHER THE EXAMINATION OF THE CONTENTS OF APPELLANT’S COMPUTER WAS AN UNLAWFUL INSPECTION UNDER M.R.E. 313(b).
We previously noted the granting of two issues in Kelly here. ACCA’s opinion in the case is here. Briefs from both parties are due by Valentine’s Day. The case is being orally argued at the University of Arizona’s James E. Rogers College of Law on 26 February.