United States v. Boyd

Opinion of the Court

FLETCHER, Chief Judge:

The question granted by this Court is:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION BY DISALLOWING A CHALLENGE FOR CAUSE AGAINST A JURY MEMBER, STAFF SERGEANT HAYES, AND COMPELLED THE TRIAL DEFENSE COUNSEL TO USE HIS PEREMPTORY CHALLENGE.

Our examination of the voir dire examination of Sergeant Hayes leads us to find from this record1 that the trial judge did not improperly disallow a challenge for cause against the member.

This Court earlier laid down the rule for appellate review of this question in United States v. Deain, 5 U.S.C.M.A. 44, 49, 17…