Petition for Review Granted in Hayes
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.
