On Wednesday CAAF granted review in an Army case that questions whether it was error for the military judge to prohibit the defense from introducing evidence that the alleged victim previously made a false accusation of sexual assault:
No. 16-0705/AR. U.S. v. Sean R. Erikson. CCA 20150130. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues:
I. WHETHER THE MILITARY JUDGE ERRED IN EXCLUDING EVIDENCE THAT THE VICTIM PREVIOUSLY MADE A FALSE ACCUSATION OF SEXUAL CONTACT AGAINST ANOTHER SOLDIER.
II. CMCR JUDGES LARSS G. CELTNIEKS AND PAULETTE V. BURTON ARE NOT STATUTORILY AUTHORIZED TO SIT ON THE ARMY COURT OF CRIMINAL APPEALS.
III. EVEN IF CMCR JUDGES LARSS G. CELTNIEKS AND PAULETTE V. BURTON ARE STATUTORILY AUTHORIZED TO BE ASSIGNED TO THE ARMY COURT OF CRIMINAL APPEALS, THEIR SERVICE ON BOTH COURTS VIOLATES THE APPOINTMENTS CLAUSE GIVEN THEIR NEWLY ATTAINED STATUS AS SUPERIOR OFFICERS.
Briefs will be filed under Rule 25 on issue I only.
(emphasis added). No opinion is available on the Army CCA’s website (indicating that the court summarily affirmed the findings and sentence).
Erikson is also a Dalmazzi (CAAFlog case page) trailer – one of two granted on Wednesday that brings the total to 16 trailer cases.
CAAF also granted review of another McClour (CAAFlog case page) trailer on Wednesday, bringing the total to 6 trailer cases.