CAAF issued three opinions today:

United States v. Schell, No. 13-5001/AR (opinion) (CAAFlog case page)

United States v. Porter, No 12-5003/MC (opinion) (CAAFlog case page)

United States v. Mott, No. 12-0604/NA (opinion) (CAAFlog case page)

It’s going to be a few days before I’ll have a chance to analyze them.

The court also docketed a certificate of review in another (see Arriaga and Carter) Air Force case involving prejudice and the plain error test:

United States v. Lindgren, No. 13-5009/AF

Issues:
I. Whether Appellee satisfied his burden to demonstrate that the defective specification under Article 134, UCMJ, materially prejudiced his substantial rights when he was provided actual notice of the terminal element through an Article 32 report received prior to trial.
II. Whether the Air Force Court of Criminal Appeals applied an erroneous standard of law when evaluating whether the defective specification under Article 134, UCMJ, materially prejudiced Appellee’s substantial rights by failing to consider whether the evidence on the missing element was “overwhelming and essentially uncontroverted” and by finding notice of the missing element was not extant in the record.
III. Whether this honorable court should apply the fourth prong of the plain error analysis as articulated by the United States Supreme Court in United States v. Olano, 507 U.S. 725 (1993), when assessing whether the defective specification under Article 134, UCMJ, materially prejudiced appellee’s substantial rights in this case.

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