Legal Opinion · Dissent

United States v. Hodge

U.S. Army Court of Military Review

Decided April 29, 1988No. ACMR 8601112Published

1DissentSmith, Judge

Appellant moved, at trial, for “a hearing to determine whether or not a fair racial composition exists” on the panel of officers selected to hear his case. In his proffer, made both verbally and in writing, he offered the following: (1) accused is black; (2) no black officers were detailed to sit as *602members at his court-martial;1 (3) defense counsel had been informed that there were no black officer alternates available for the trial of the case; (4) the Chief of Criminal Law had informed counsel that no black officers had been nominated for service in the instant court-martial by any…

2Cases cited16 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Washington v. DavisSupreme Court of the United States · 1976
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. Castaneda v. PartidaSupreme Court of the United States · 1977
  5. Alexander v. LouisianaSupreme Court of the United States · 1972

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