In an order issued yesterday (
but not yet on the court’s website update: now on the court’s site) CAAF granted review of the following issue in the Army case of United States v. Marcum, No. 17-0491/AR (CCA’s opinion noted here):
No. 17-0491/AR. U.S. v. Nicholas S. Marcum. CCA 20150500. 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 issue:
APPELLANT CLAIMED THE PROSECUTION’S ARGUMENTS ON FINDINGS AND SENTENCE WERE ERRONEOUS AND PREJUDICIAL. THE COURT BELOW APPLIED THE STANDARD OF REVIEW IN UNITED STATES v. AHERN, 76 M.J. 194 (C.A.A.F. 2017), AND DID NOT FIND PREJUDICE. DID THE COURT BELOW ERR, BECAUSE THE PROPER STANDARD OF REVIEW IS FOUND IN UNITED STATES v. SEWELL, 76 M.J. 14 (C.A.A.F. 2017) AND UNITED STATES v. PABELONA, 76 M.J. 9 (C.A.A.F. 2017)?
Briefs will be filed under Rule 25.