U.S. v. Miles, 58 M.J. 192

Military Justice Personnel: Court Members: Challenges for Cause

1. (R.C.M. 912(f)(1)(N) requires that a member be excused for cause whenever it appears that the member should not sit as a member in the interest of having the court-martial free from substantial doubt as to legality, fairness, and impartiality; this rule includes actual bias as well as implied bias; actual bias and implied bias are separate tests, but not separate grounds for a challenge
2. military judges are enjoined to be liberal in granting challenges for cause
3. because a challenge for cause for actual bias is essentially one of credibility, the military judge’s decision is given great deference because of his or her opportunity to observe the demeanor of court members and assess their credibility during voir dire
4. the focus of the implied bias rule is on the perception or appearance of fairness of the military justice system; there is implied bias when most people in the same position would be prejudiced; implied bias is viewed through the eyes of the public, focusing on the appearance of fairness
5. implied bias is reviewed under an objective standard; the military judge is given less deference on questions of implied bias; issues of implied bias are reviewed under a standard less deferential than abuse of discretion but more deferential than de novo
6. a member is not per se disqualified if he or she or a close relative has been a victim of a similar crime; where a particularly traumatic similar crime was involved, however, the Court has found that denial of a challenge for cause violated the liberal-grant mandate
7. applying the test for implied bias, the Court holds that the military judge abused his limited discretion and violated the liberal-grant mandate where, in a court-martial for drug abuse, the challenged member’s 10-year-old nephew died as a result of his mother’s prenatal use of cocaine and the member described this tragedy in an article for the base newspaper that was scheduled to be published shortly after the accused’s court-martial; trial counsel’s comment that the event evidently was a very traumatic experience reflects the trial counsel’s awareness, notwithstanding the member’s sincere disclaimer during voir dire, that the member had been personally affected by another person’s drug abuse; the Court concludes that asking the member to set aside his memories of his nephews’ death and to impartially sentence the accused for illegal drug use was asking too much of him and the system; furthermore, apart from the member's personal experience with the effects of drug abuse, the scheduled publication of his self-experience four days after his participation in this court-martial would have added to the serious doubts in the minds of a reasonable observer about the fairness of the trial

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

1. because a challenge for cause for actual bias is essentially one of credibility, the military judge’s decision is given great deference because of his or her opportunity to observe the demeanor of court members and assess their credibility during voir dire
2. implied bias is reviewed under an objective standard; the military judge is given less deference on questions of implied bias; issues of implied bias are reviewed under a standard less deferential than abuse of discretion but more deferential than de novo