Thursday, March 27, 2008

CAAF grants on housebreaking issue

CAAF has granted review of the following issue arising from a published ACCA opinion involving a West Point cadet:

WHETHER APPELLANT'S PLEAS OF GUILTY TO THE THREE SPECIFICATIONS OF CHARGE II, HOUSEBREAKING, ARE IMPROVIDENT WHERE THE INTENDED CRIMINAL OFFENSE UPON ENTRY, CONDUCT UNBECOMING AN OFFICER AND GENTLEMAN, IS A PURELY MILITARY OFFENSE.

United States v. Conliffe, __ M.J. ___, No. 08-0158/AR (C.A.A.F. Mar. 25, 2008) (order).

We discussed ACCA's opinion in Conliffe, 65 M.J. 819 (A. Ct. Crim. App. 2007), here.

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