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United States v. McQueen

UNITED STATES v. Melvin McQUEEN, Private, U. S. Army

United States v. McQueen, 7 M.J. 281 (1979)
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Court
United States Court of Military Appeals · Military Courts
Decided
August 27, 1979
Docket
Nos. 36,187; SPCM 13134
Judges
Perry
Citations
7 M.J. 2811979 CMA LEXIS 9627

Opinion of the Court — Per Curiam

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Opinion of the Court PER CURIAM:

We granted review of the following contention:

THE MILITARY JUDGE ERRED IN DENYING THE CHALLENGE FOR CAUSE AS TO CAPTAIN KASPER, COURT MEMBER.

Resolution is readily performed by using the rule laid down in United States v. Deain, 5 U.S.C.M.A. 44, 49 , 17 C.M.R. 44, 49 (1954):

If the evidence touching the issue is in conflict, the balance must be struck by the person or persons having authority to rule on the challenge. There must be a clear abuse of discretion in resolving the conflict before an appellate tribunal, which lacks the power to reweigh the facts, will reverse a decision.

(Emphasis added.)

The proper test to evaluate the propriety of the judge’s denial of a challenge for cause “is whether he [the prospective court member] is mentally free to render an impartial finding and sentence based on the law and the evidence.” United States v. Parker, 6 U.S.C.M.A. 274, 284-85 , 19 C.M.R. 400, 410-11 (1955).

We have found no fault with, and have continued to adhere to, these two rules. United States v. Karnes, 1 M.J. 92 (C.M.A.1975); United States v. Boyd, No. 36,296, 7 M.J. 282 (C.M.A.1979). Viewing the voir dire examination of Captain Kasper in light of Deain and Parker , we conclude that the trial judge correctly disallowed the challenge for cause.

Accordingly, we affirm the decision of the United States Army Court of Military Review.

Judge PERRY concurs in the result.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 23 cases

View all citing references →
1979: 21981: 11982: 31983: 71985: 31986: 21987: 11990: 21993: 219792026peak 1983 · 7

Relies on it most ⓘ

  1. United States v. Chaplin8 M.J. 621 (1979)
  2. United States v. McDavid37 M.J. 861 (1993)
  3. United States v. Downing17 M.J. 636 (1983)
  4. United States v. Harris13 M.J. 288 (1982)
  5. United States v. Jobson31 M.J. 117 (1990) · Concurrence
  6. United States v. Rojas15 M.J. 902 (1983)

Most recent

  1. United States v. Dale39 M.J. 503 (1993)
  2. United States v. McDavid37 M.J. 861 (1993)
  3. United States v. Jobson31 M.J. 117 (1990) · Concurrence
  4. United States v. Armstrong30 M.J. 769 (1990)
  5. United States v. Yardley24 M.J. 719 (1987)
  6. United States v. McPhaul22 M.J. 808 (1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
United States v. Deain, 5 C.M.A. 44 (1954) 106
United States v. Parker, 6 C.M.A. 274 (1955) 75
United States v. Karnes, 23 C.M.A. 537 (1975) 27
United States v. Boyd, 7 M.J. 282 (1979) 24

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