United States v. Kratzenberg

DECISION

RAICHLE, Senior Judge:

Appellate Defense Counsel contend that the military judge’s preconceived bias in favor of believing the testimony of the principle government witness against the accused deprived the accused of a fair and impartial trial. We agree.

Earlier on the day of the accused’s trial, the military judge had accepted a guilty plea in a companion case. The accused in that case, Airman Weiler, had confessed to the crime and implicated Kratzenberg as an aider and abettor. When queried as to whether he was aware of any matters which may constitute grounds for challenge against…