Legal Opinion
United States v. Sherrod
United States Court of Military Appeals
Decided April 25, 1988No. 56,167; CM 447284PublishedCited by 33 opinions
1Opinion of the Court
Opinion of the Court
COX, Judge:
The issue in this case is whether appellant was prejudiced by the military judge’s failure to recuse himself.1 See Art. 59(a), Uniform Code of Military Justice, 10 U.S.C. § 859(a). We hold that he was, and we reverse his conviction and sentence.
As the Court of Military Review has well noted, the military judge erred when he did not recuse himself from presiding under circumstances2 where his “impartiality might reasonably be questioned.” 22 M.J. 917, 919-21 (1986); R.C.M. 902(a), Manual for Courts-Martial, United States, 1984. See also 28 U.S.C. § 455; A.B.A.…
2Cases cited7 opinions
- In Re Murchison.Supreme Court of the United States · 1955
- Singer v. United StatesSupreme Court of the United States · 1965
- United States v. William A. Widgery, Sr.Court of Appeals for the Seventh Circuit · 1985
- United States v. BradleyUnited States Court of Military Appeals · 1979
- United States v. ButlerUnited States Court of Military Appeals · 1982
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3Cited by33 opinions
- United States v. AllenU.S. Navy-Marine Corps Court of Military Review · 1990
- United States v. WrightCourt of Appeals for the Armed Forces · 1999
- United States v. CornettCourt of Appeals for the Armed Forces · 1997
- United States v. HoltUnited States Court of Military Appeals · 1988
- United States v. MitchellU.S. Navy-Marine Corps Court of Military Review · 1993
28 more not listed; retrieve them via the Exa API.