Court-Martial Trial Practice Blog
Three interesting grants from CAAF in the last few days.
No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues:
WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE 702.
No. 09-0729/MC. U.S. v. Jerry A. GARNER. CCA 200800481. Review granted on the following issue:
WHETHER THE COURT OF CRIMINAL APPEALS ERRED IN AFFIRMING APPELLANT’S CONVICTION FOR ATTEMPTING TO ENTICE A MINOR TO ENGAGE IN ILLEGAL SEXUAL ACTIVITY, IN VIOLATION OF 18 U.S.C. SECTION 2422(b), WHERE THE RECORD OF TRIAL FAILED TO SHOW THAT APPELLANT TOOK THE "SUBSTANTIAL STEP" NECESSARY FOR AN ATTEMPT CONVICTION UNDER THE STATUTE.
No. 09-0754/AF. U.S. v. Gabriel R. CONTRERAS. CCA 37233. Review granted on the following issue:
WHETHER THE HOUSEBREAKING CHARGE SHOULD BE SET ASIDE BECAUSE THE UNDERLYING CRIMINAL OFFENSE, INDECENT ACTS WITH ANOTHER UNDER ARTICLE 134, UCMJ, IS A PURELY MILITARY OFFENSE.
CAAF had decided this issue for allegations involving Article 133, UCMJ, but has not decided an Article 134, UCMJ, offense – yet.