CAAF grant on Mil. R. Evid. 509 issue

Today CAAF granted review of this issue in an Army case:

WHETHER THE UNITED STATES ARMY COURT OF CRIMINAL APPEALS ERRED IN HOLDING THAT MIL. R. EVID. 509 DOES NOT BAR THE GOVERNMENT FROM CALLING THE MILITARY JUDGE FROM A JUDGE-ALONE TRIAL TO TESTIFY AT A DUBAY HEARING AS TO HIS DELIBERATIVE PROCESS.

United States v. Matthews, __ M.J. ___, No. 08-0613/AR (C.A.A.F. Jan. 15, 2009). ACCA's opinion in the case is published at 66 M.J. 645.