Yesterday CAAF granted review in the Air Force case of United States v. Hamilton, No. 18-0135/AF:
No. 18-0135/AF. U.S. v. Darion A. Hamilton. CCA 39085. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues:
I. ARE VICTIM IMPACT STATEMENTS ADMITTED PURSUANT TO R.C.M. 1001A EVIDENCE SUBJECT TO THE MILITARY RULES OF EVIDENCE?
II. WHETHER THE MILITARY JUDGE ERRED IN ADMITTING PROSECUTION EXHIBITS 4, 5, AND 6.
Briefs will be filed under Rule 25.
I analyzed the Air Force CCA’s published opinion (77 M.J. 579) in this post.