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Thursday, November 2, 2023
Order Granting Petition for Review No. 23-0224/AF. U.S. v. Charles S. Nestor. CCA 40250. On consideration of the petition for grant of review of the decisions of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER UNITED STATES v. PHILLIPS, 70 M.J. 161 (C.A.A.F. 2011) WAS WRONGLY DECIDED, AND UNDER A STARE DECISIS ANALYSIS, SHOULD BE OVERRULED. IF SO, SHOULD APPELLANT'S REMAINING CONVICTION BE SET ASIDE AND DISMISSED BECAUSE THE GOVERNMENT PROVIDED INSUFFICIENT EVIDENCE AS TO THE TERMINAL ELEMENT?
1 Comment
William Cassara
11/6/2023 17:52:23
Interesting that they did not order briefs. Leave a Reply. |
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