You are aware of Fasler and the numerous trailer cases. Here is a grant from today’s CAAF orders:
No. 11-0374/AR. U.S. v. Lelan M. SHANKLES. CCA 20100307. Review granted on the following specified issue:
WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME COURT’S HOLDINGS IN UNITED STATES v. RESENDIZ-PONCE AND RUSSELL v. UNITED STATES, AND THIS COURT’S RECENT OPINIONS IN MEDINA, MILLER AND JONES.
Does this predict an outcome. I’m not sure it does, but it’s noteworthy that CAAF “made” this case a trailer when the appellate counsel apparently hadn’t.