United States v. Martinez

OPINION OF THE COURT AND ORDER ON MOTION TO RECUSE

RABY, Senior Judge:

In consideration of the appellant’s motion requesting that Colonel Kenneth A. Raby, Senior Judge, Panel 6, United States Army Court of Military Review, recuse himself in the instant case, that motion is hereby denied.

Appellant alleges that an appearance of impropriety inheres if Colonel Raby serves as an appellate judge in this case because, in his former position as Chief, Criminal Law Division, Office of The Judge Advocate General, he officially responded to an inquiry submitted by United States Senator Alfonse D’Amato…