Legal Opinion

United States v. Berman

U S Air Force Court of Military Review

Decided March 16, 1989No. ACM 26913 (f rev), ACM 26561 (f rev), ACM 26334 (f rev), ACM 26681 (f rev), ACM 26332 (f rev) and ACM 26564 (f rev)PublishedCited by 22 opinions

1Opinion of the Court

DECISION UPON FURTHER REVIEW

HODGSON, Chief Judge:

Judges, like Caesar’s wife, should always be above suspicion. An impartial and disinterested trial judge is the foundation on which the military justice system rests, and avoiding the appearance of impropriety is as important as avoiding impropriety itself.

In a consolidated pleading each of the above named appellants have assigned the following error:

WHETHER THE MILITARY JUDGE ERRED TO THE PREJUDICE OF THE APPELLANT’S SUBSTANTIAL RIGHTS BY FAILING TO RECUSE HIMSELF IN ACCORDANCE WITH R.C.M. 902?

This assertion is based on the results of an…

2Cases cited12 opinions

  1. United States v. John M. MurphyCourt of Appeals for the Seventh Circuit · 1985
  2. Ellentuck v. KleinCourt of Appeals for the Second Circuit · 1978
  3. United States v. John C. Winston, D.C.Court of Appeals for the Ninth Circuit · 1980
  4. United States v. William A. Widgery, Sr.Court of Appeals for the Seventh Circuit · 1985
  5. Hall v. Small Business AdministrationCourt of Appeals for the Fifth Circuit · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. BoyceCourt of Appeals for the Armed Forces · 2017
  2. United States v. MitchellU.S. Navy-Marine Corps Court of Military Review · 1993
  3. United States v. SullivanCourt of Appeals for the Armed Forces · 2015
  4. United States v. RodriguezU S Air Force Court of Military Review · 1989
  5. United States v. AlisUnited States Air Force Court of Criminal Appeals · 1998

17 more not listed; retrieve them via the Exa API.

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