United States v. Chavez

DECISION

KASTL, Senior Judge:

Airman Chavez asserts that the military judge at his general court-martial for desertion engaged in partisanship which deprived the appellant of a fair trial. We disagree.

*871The appellant was tried by a general court-martial consisting of members for desertion terminated by apprehension, in violation of Article 85, UCMJ, 10 U.S.C. § 885. He contested the intent to remain away permanently and pleaded guilty to the lesser offense of absence without leave under Article 86, UCMJ, 10 U.S.C. § 886.

Airman Chavez took the stand in his own behalf as to the critical matter of…