United States v. Wiesen

SULLIVAN, Senior Judge

(dissenting):

I dissent again. See United States v. Wiesen, 56 MJ 172, 181 (2001) (Sullivan, S.J., dissenting). In my view, the majority has effectively established a per se rule that a brigade commander of a significant number of the other members of a panel is disqualified from sitting on that panel.

I would grant the Government’s petition for reconsideration and also have full oral argument on the issue of whether this Court’s decision made new law in placing the burden on the Government to justify such a commander sitting on a military jury. Any further appellate proceedings, in this case would benefit from such additional analysis from our Court.