United States v. Dinatale

COX, Chief Judge

(concurring):

I write only to question if there is such a thing as “implied bias.” A court member is either “qualified” or “disqualified.” We have never held that bias may be “implied” or, more accurately, inferred from proof of a court member’s status. See United States v. White, 36 MJ 284 (CMA 1993); see also RCM 912, Manual for Courts-Martial, United States (1995 ed.); United States v. Jefferson, 44 MJ 312 (1996).