militaryadvocates.com blog » Petitions for Review http://militaryadvocates.com/blog A blog about military law, justice and related matters Mon, 26 Sep 2011 01:29:56 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Petition for Review Granted in Hayes http://militaryadvocates.com/blog/2009/08/19/petition-for-review-granted-in-hayes/ http://militaryadvocates.com/blog/2009/08/19/petition-for-review-granted-in-hayes/#comments Wed, 19 Aug 2009 13:05:20 +0000 Brian F. George http://militaryadvocates.com/blog/?p=6 The US Court of Appeals for the Armed Forces (CAAF) has granted a petition for review in U.S. v. Hayes, set aside the decision of the Navy-Marine Corps Court, and remanded the case for a further factual inquiry (through affidavits or a Dubay hearing) regarding  the following issue:

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLANT WAS NOT DENIED HIS RIGHT TO A FAIR TRIAL DESPITE THE MILITARY JUDGE’S (1)EXHIBITION OF BIAS, AFTER TRIAL, IN ANNOUNCING HIS PERSONAL DISTASTE FOR BOTH HOMOSEXUALITY AND APPELLANT; AND (2) HIS EXHIBITION OF PARTIALITY, DURING TRIAL, BY ADVISING THE GOVERNMENT ON TRIAL TACTICS.

The comments at issue appear to have been made in a “bridging the gap” session with counsel after trial.

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