New CAAF grant

On Thursday, CAAF granted review of the following issues in an Army case:

WHETHER APPELLANT COMMITTED LARCENIES OF M.S.'S PROPERTY BY ENGAGING IN THE UNAUTHORIZED USE OF HER CREDIT, DEBIT, AND ATM CARDS.

WHETHER A VARIANCE AS TO OWNERSHIP IN LARCENY CASES IS FATAL IF THERE IS LEGALLY SUFFICIENT EVIDENCE THAT APPELLANT STILL COMMITTED A LARCENY OF PROPERTY.

United States v. Lubasky, __ M.J. ___, No. 09-0043/AR (C.A.A.F. March 19, 2009).

ACCA's decision in the case is available here. United States v. Lubasky, No. ARMY 20020924 (A. Ct. Crim. App. July 29, 2008). A previous ACCA decision in the case, which looks like it's more relevant to the granted issues, is available here. United States v. Lubasky, No. ARMY 20020924 (A. Ct. Crim. App. Jan. 31, 2006).