United States v. Chan

DECISION

HODGSON, Chief Judge:

Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), holds that an accused has the right to be tried by a jury from which no “cognizable racial group” has been excluded. A military accused is entitled to the same equal protection under the Fifth Amendment as a part of military due process. United States v. Santiago-Davila, 26 M.J. 880 (C.M.A.1988). Here, as in Batson and Santiago-Davila, the issue is whether the trial judge erred in granting a government peremptory challenge for the purpose of excluding a “cognizable racial group.”

The appellant…