United States v. Miller

OPINION OF THE COURT UPON FURTHER REVIEW

WILCOX, Judge:

This is the second time we have considered this case. See United States v. Miller, 44 M.J. 549 (A.F.Ct.Crim.App.1996). After our first consideration, the United States Court of Appeals for the Armed Forces ordered a post-trial fact-finding hearing to help resolve an issue raised by the appellant, specifically:

WHETHER APPELLANT WAS DENIED HIS FUNDAMENTAL RIGHT TO A FAIR TRIAL BEFORE AN IMPARTIAL. COURT BECAUSE THE COURT MEMBERS WERE SUBJECTED TO EXTRANEOUS CONSIDERATIONS WHICH MATERIALLY PREJUDICED APPELLANT AND VIOLATED HIS…