Court of Appeals for the Armed Forces

No. 24-0206/AF. U.S. v. Dennis A. George, Jr. CCA 40397. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:
 
I.  WHETHER APPELLANT'S CONVICTION FOR ATTEMPTED SEXUAL ASSAULT WAS LEGALLY INSUFFICIENT BECAUSE THE GOVERNMENT DID NOT PROVE THE ALLEGED OVERT ACT.
 
II.  WHETHER THE GOVERNMENT CAN PROVE THAT 18 U.S.C. § 922 IS CONSTITUTIONAL AS APPLIED TO APPELLANT WHEN HE WAS CONVICTED OF A NONVIOLENT OFFENSE.
 
III.  WHETHER THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES HAS JURISDICTION TO DIRECT MODIFICATION OF THE 18 U.S.C. § 922 PROHIBITION NOTED ON THE STAFF JUDGE ADVOCATE'S INDORSEMENT TO THE ENTRY OF JUDGMENT.

Briefs are ordered only on Issue I. (See United States v. Williams, __ M.J. ___ (C.A.A.F. 2024)).

AFCCA briefs are here (scroll down). The Appellant was convicted in August 2022 and AFCCA decided the case in June 2024. The court applied the new factual sufficiency review standard, and said that even under the old standard the findings would be affirmed. The court notes United States v. Harvey, 83 M.J. 685, 691 (N.M. Ct. Crim. App. 2023), rev. granted, ___ M.J.___, No. 23-0239, 2024 CAAF LEXIS 13 (C.A.A.F. 10 Jan. 2024). 

No. 24-0186/MC. U.S. v. Kyle A. Shelby. CCA 202200213. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on appeal by the United States under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 (2018), it is ordered that said petition is granted on the following issue:
 
DID THE MILITARY JUDGE ERR WHEN HE DISMISSED CHARGE II WITH PREJUDICE AFTER "CONSIDERING THE INTERESTS OF JUSTICE, THE ACCUSED'S RIGHT TO A FAIR TRIAL, AND THE CUMULATIVE ERROR" OF THE GOVERNMENT?

No additional briefs are permitted.