U.S. v. Roland, 50 M.J. 66

Military Justice Personnel: Court Members: Eligibility/Selection

1. members may not be selected or systematically excluded solely on the basis of rank
2. nomination process which does not systematically include or exclude certain members is a reasonable means of assisting the convening authority
3. nomination process which improperly includes or excludes certain members will be reviewed to ensure that actual selection of members is not tainted
4. no indication of improper selection where record established E-4’s and below were not categorically excluded although not identified as potential members during the nomination process, and convening authority knew he was not limited to selection of those grades reflected among the nominations

Core Criminal Law Subjects: Burdens, Standards, Presumptions, Inferences: Trial Burdens, Standards › Proof, persuasion

1. defense must come forward with initial showing of improper member selection, then the government must demonstrate that no impropriety occurred

Trial Stages: Pretrial: Motions

1. defense must come forward with initial showing of improper member selection, then the government must demonstrate that no impropriety occurred

Miscellaneous Matters: Command Influence: Members

1. members may not be selected or systematically excluded solely on the basis of rank, nor may selection process seek to pack a court to achieve a desired result