United States v. Perez

REED, Judge:

We have examined the record of trial, the assignment of error,1 and the Government’s reply thereto, and we have concluded that the military judge erred by refusing to grant appellant’s challenges for cause to two of the court members.

Contrary to his pleas, appellant was convicted by a special court-martial, composed of officer and enlisted members, of one specification of willfully striking a superior commissioned officer by kicking him in the head, a violation of Article 90, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 890. He was sentenced to a bad-conduct discharge,…