U.S. v. Kirkland, 53 M.J. 22

Military Justice Personnel: Court Members: Eligibility/Selection

1. where chart used in seeking court member nominees did not provide any place to nominate court members below the grade of E-7, where no enlisted members were nominated below the grade of E-7, where no nominees below the grade of E-7 were presented to the convening authority, and where no individuals below the grade of E-7 were selected to serve as members, the exclusion of potentially qualified members was improper and the military judge erred in denying the defense request for a new court-martial panel
2. even where a convening authority does not use rank as a criterion in the selection process, an unresolved appearance that potentially qualified court members below the grade of E-7 were excluded made reversal of the sentence appropriate to uphold the essential fairness and integrity of the military justice process

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. whether a court-martial panel was selected free from systematic exclusion is a question of law which is reviewed de novo