Two CAAF grants

CAAF granted review in two cases yesterday. In United States v. Ediger, __ M.J. ___, No. 08-0757/AR (C.A.A.F. Apr. 30, 2009), CAAF granted review of this rather uninformative issue: WHETHER THE MILITARY JUDGE ERRED IN ADMITTING THE TESTIMONY OF TG UNDER MILITARY RULES OF EVIDENCE 413 AND 414." ACCA's opinion in the case doesn't appear to be on its web site.

In United States v. Campbell, __ M.J. ___, No. 08-0660/NA (C.A.A.F. Apr. 30, 2009), CAAF granted review of three issues:

WHETHER THE LOWER COURT ERRED IN REASSESSING APPELLANT'S SENTENCE, AS (1) ITS REASSESSMENT CALCULUS WAS BASED UPON AN ERRONEOUS UNDERSTANDING OF WHAT SPECIFICATIONS WERE MERGED; (2) IT ABUSED ITS DISCRETION IN FAILING TO ORDER A SENTENCE REHEARING IN LIGHT OF APPELLANT BEING SENTENCED UPON TWICE THE AMOUNT OF SPECIFICATIONS AS APPROPRIATE; AND (3) THE UNDERLYING LOGIC USED TO NOT REDUCE APPELLANT'S SENTENCE WAS FAULTY.

WHETHER THE LOWER COURT ERRED IN FINDING THAT POSSESSION OF THE SAME IMAGES OF CHILD PORNOGRAPHY ON DIFFERENT MEDIA CAN BE CHARGED AS SEPARATE CRIMES UNDER 18 USC SECTION 2252A.

WHETHER THE LOWER COURT ERRED IN DETERMINING THAT THE THREE SPECIFICATIONS UNDER CHARGE II WERE NOT "FACIALLY DUPLICATIVE."

NMCCA's opinion in the case is available at 66 M.J. 578.