McKinney v. Jarvis

OPINION OF THE COURT ON PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF PROHIBITION.

CARTER, Judge.

In a PETITION FOR EXTRAORDINARY RELIEF IN THE NATURE OF A WRIT OF PROHIBITION, petitioner asks this court to disqualify Colonel (COL) Owen C. Powell, Jr., from further action in respect to petitioner’s pretrial hearing because he is both the accuser and the appointing authority for the pretrial investigating officer. For the reasons indicated below, petitioner’s request for a writ of prohibition is denied. We hold that a convening authority who becomes an accuser by virtue of…