McKinney v. Jarvis

46 M.J. 870 (1997)

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McKinney v. Jarvis

United States Army Court of Criminal Appeals
46 M.J. 870 (1997)

Facts

Colonel Owen C. Powell, Jr. preferred charges against Sergeant Major of the Army Gene C. McKinney (defendant). Powell, who was both the summary- and the special-court-martial convening authority over McKinney, appointed Colonel Robert L. Jarvis to serve as Article 32 investigating officer in the matter. Powell instructed Jarvis to prohibit spectators from attending the Article 32 hearing. After Jarvis scheduled the hearing, McKinney requested, among other things, that the hearing be open to spectators. Powell denied McKinney’s request for an open hearing. McKinney subsequently requested that Powell recuse himself as the special-court-martial convening authority, alleging that, as an accuser, Powell was disqualified from the role. McKinney’s request was denied, and he petitioned the United States Army Court of Criminal Appeals for a writ of prohibition disqualifying Powell from further action in the matter. Powell submitted an affidavit to the court denying any personal interest in the outcome of McKinney’s case.

Rule of Law

Issue

Holding and Reasoning (Carter, J.)

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