The only way it will not "come up" is for the trial judge to deny it's admission. That in turn will generate an appeal to the next higher level court, although, IIRC such an appeal is automatic if the punishment involves an involuntary separation of an officer.
My opinions are merely predicts, but I'm happy to put them on the record so that we can look back later when we know the outcome. The judge will deny its admission. The case will be appealed, but will not be successful at any level. The case will finally be appealed to the Supreme Court who will decline to hear it, affirming the judgment of the Court Martial. If you go back to my earlier posts, you will discover that I predicted that charges would go to a Court Martial. That happened today even though many on this forum predicted that the charges would be dismissed to avoid embarrassing Obama. This case has nothing to do with Obama, and LTC Lakin should be using his medical skills to treat soldiers in combat rather than playing this silly little political game.