United States v. Castillo

I join the majority’s opinion with one reservation. The majority opinion quotes United States v. Peters, 74 M.J. 31, 34 (C.A.A.F. 2015), to say: “While cast as a question of public perception, this [implied bias] test may well reflect how members of the armed forces, and indeed the accused, perceive the procedural fairness of the trial as well.” United States v. Castillo, 74 M.J. 39, 42 (C.A.A.F.2015). This sentence appears to expand the ambit of the “public perception” test contrary to our case law: The accused’s perception of the fairness of his trial has never been part of the implied bias…