United States DC Circuit

In a petition for habeas review of a military court martial, dismissal of the petition is affirmed where 1) there was no due process right to a court-martial panel of a minimum size; and 2) petitioner did not present evidence that a panel of less than six persons was likely to result in a miscarriage of justice.

Appellate Information

• Decided 11/13/2009
• Published 11/13/2009

Judges

• Before ROGERS, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eugene R. Fidell argued the cause for appellant.   With him on the briefs was Matthew S. Freedus.


• For Appellees:
  
• Doris Coles-Huff, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.  Alan Burch, Assistant U.S. Attorney, entered an appearance.