Tuesday, June 17, 2008

CAAF grants review to examine an ACCA harmless error holding

Clearly there's something about United States v. Crudup that I just don't get. I previously expressed my bewilderment that ACCA's opinion in the case was published. See United States v. Crudup, 65 M.J. 907 (A. Ct. Crim. App. 2008). Now CAAF has granted review of the case, automatically making it one of the 65-or-so most important military justice cases of the year. Here's the issue:

WHETHER, AFTER FINDING A PROPER SIXTH AMENDMENT CONFRONTATION CLAUSE VIOLATION IN THE ADMISSION OF P. C.'S STATEMENTS, THE ARMY COURT ERRED WHEN IT HELD THE ERROR WAS NONETHELESS HARMLESS.

United States v. Crudup, __ M.J. ___, No. 08-0392/AR (C.A.A.F. June 16, 2008).

Someone please educate me and tell me what I'm missing.

No comments: