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Legal Opinion

United States v. McIlwain

Court of Appeals for the Armed Forces

Decided May 21, 2008No. 07-0544/ARPublishedCited by 16 opinions

1Opinion of the Court

Judge STUCKY delivered the opinion of the Court.

We granted Appellant’s petition for review to determine if the military judge abused her discretion by denying the defense motion to recuse herself after declaring that her participation in companion eases “would suggest to an impartial person looking in that [she] can’t be impartial in this case” and refusing to sit as trier of fact. We hold that she abused her discretion, and reverse.

I

Appellant was convicted of rape, forcible sodomy, and indecent acts. Articles 120,125, and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. §§ 920, 925,…

2Cases cited14 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  4. Public Utilities Commission v. PollakSupreme Court of the United States · 1952
  5. United States v. GravesUnited States Court of Military Appeals · 1975

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3Cited by16 opinions

  1. United States v. MartinezCourt of Appeals for the Armed Forces · 2011
  2. United States v. SullivanCourt of Appeals for the Armed Forces · 2015
  3. United States v. Al BahlulUnited States Court of Military Commission Review · 2011
  4. United States v. HoffmanNavy-Marine Corps Court of Criminal Appeals · 2018
  5. United States v. HutchinsNavy-Marine Corps Court of Criminal Appeals · 2018

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

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