United States v. Moore

*367 Opinion of the Court

COX, Judge:

Appellant was convicted, despite his pleas, of a series of offenses, including attempted murder, robbery, assault, wrongful appropriation, and drunk driving, in violation of Articles 80, 122, 128, 121, and 111, Uniform Code of Military Justice, 10 USC §§ 880, 922, 928, 921, and 911, respectively. The issue on appeal concerns use by trial counsel of a peremptory challenge to excuse a panel member of the same race as the accused, who is black.1

The convening authority had selected two black officers among the seven on the panel. Both the military judge and trial…