If

If you are being prosecuted in the Air Force.

If your military defense counsel is not raising this issue.

WHETHER THE AFCCA ERRED WHEN IT FAILED TO GRANT RELIEF WHERE THE MILITARY JUDGE INSTRUCTED THE MEMBERS, “IF BASED ON YOUR CONSIDERATION OF THE EVIDENCE, YOU ARE FIRMLY CONVINCED THAT THE ACCUSED IS GUILTY OF ANY OFFENSE CHARGED, YOU MUST FIND HIM GUILTY,” WHERE SUCH AN INSTRUCTION IS IN VIOLATION OF UNITED STATES v. MARTIN LINEN SUPPLY CO., 430 U.S. 564, 572-73 (1977), AND THERE IS INCONSISTENT APPLICATION BETWEEN THE SERVICES OF THE INSTRUCTIONS RELATING TO WHEN MEMBERS MUST OR SHOULD CONVICT AN ACCUSED.

You need to get a lawyer who will raise it.

This is the third grant of the same issue by CAAF.  Until recently, it was thought that the issue was dead, even in Air Force cases.  But apparently not.  The CAAF thinks it’s a significant issue worthy or their attention.  It does not mean that the Appellant’s are going to win, the case could be decided in favor of the gubmint.  But until the decision you have a 50-50 chance, which are pretty good odds.

So raise the issue at trial.