Legal Opinion
United States v. Graf
U.S. Navy-Marine Corps Court of Military Review
Decided December 19, 1990No. NMCM No. 902010PublishedCited by 23 opinions
1Opinion of the Court
ORDER
ALBERTSON, Senior Judge:
Appellant comes to this Court with a motion to disqualify the panel from considering his case pursuant to Article 66(c), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866(c). Appellant contends that the appellate judges who serve on the Court lack institutional independence because they are not protected by fixed terms of office (tenure). Appellant argues that judges who serve indeterminate terms at the pleasure of the Judge Advocate General are prohibited by the due process clause of the Fifth Amendment from reviewing appellant’s case. Appellant also…
2Cases cited13 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- Ward v. Village of MonroevilleSupreme Court of the United States · 1972
- O'Callahan v. ParkerSupreme Court of the United States · 1969
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- Palmore v. United StatesSupreme Court of the United States · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. GrafUnited States Court of Military Appeals · 1992
- United States v. LovingU.S. Army Court of Military Review · 1992
- United States v. MitchellU.S. Navy-Marine Corps Court of Military Review · 1993
- United States v. CoffmanU.S. Navy-Marine Corps Court of Military Review · 1992
- Unted States v. PriveU S Coast Guard Court of Military Review · 1992
18 more not listed; retrieve them via the Exa API.