Wednesday, April 30, 2008
CAAF has remanded a case to the Navy-Marine Corps Court to consider an issue that appellate defense counsel apparently raised for the first time before CAAF. United States v. Roberts, __ M.J. ___, No. 08-0283/MC (C.A.A.F. Apr. 29, 2008) (summary disposition). CAAF granted review of "WHETHER THE MEMBERS ERRED WHEN THEY FOUND APPELLANT GUILTY OF STEALING 'MILITARY' PROPERTY IN ALL OF THE SPECIFICATIONS OF CHARGE I, WHEN THE PROPERTY WAS OWNED BY A NON-APPROPRIATED FUND INSTRUMENTALITY," and sent the case back to the Navy-Marine Corps Court to consider that issue in the first instance.
Posted by Dwight Sullivan at 9:56 PM