Legal Opinion · Dissent

United States v. Conley

United States Court of Military Appeals

Decided April 3, 1978No. 33,240; NCM 76-0495Published

1DissentCook, Judge

An accused has no constitutional or statutory right to an ignorant or inexperienced juror. The fact that a juror may have more or less expertise in regard to a matter in litigation does not automatically disqualify him. United States v. Glaze, 3 U.S.C.M.A. 168, 11 C.M.R. 168 (1953); cf. United States v. Sears, 6 U.S.C.M.A. 661, 20 C.M.R. 377 (1956).

A juror must make a finding of fact on the basis of evidence properly in the case, but in weighing the evidence he is entitled to draw upon his own experience and perceptions. That circumstance is especially apparent in determining whether a…

2Cases cited4 opinions

  1. Robert L. Strauss v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  2. United States v. BearchildUnited States Court of Military Appeals · 1968
  3. United States v. SearsUnited States Court of Military Appeals · 1956
  4. United States v. DeWittUnited States Court of Military Appeals · 1977

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