On 19 October 2026, C.A.A.F. answered the certified question in United States v. Galvin in the affirmative by summary disposition, set aside the Air Force court's decision and remanded for further Article 62 review.
C.A.A.F. held that defense counsel's affirmative "no objection" to the findings instructions waived any claim that the judge failed to instruct on a reasonably raised defense.
C.A.A.F. held it was not clear or obvious that a second court-martial over images on the same phone violated double jeopardy, and rejected the ineffective-assistance claim.
C.A.A.F. affirmed the findings but held the Navy-Marine Corps court could not impose a sentence in the first instance, set aside the sentence, and authorized a sentencing hearing.
C.A.A.F. held that an Army appellate judge on terminal leave, still on active duty and assigned to the court on the day the decision issued, could take part in that decision, and affirmed.
Clips, audiograms and the opening of every issue, free.
