United States v. Nix

40 M.J. 6 (1994)

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United States v. Nix

United States Court of Military Appeals
40 M.J. 6 (1994)

Facts

Aviation Fire Control Technician Second Class William E. Nix (defendant) was accused of wrongfully socializing with students while he was an instructor, maltreating a subordinate, wrongfully using marijuana, and committing consensual sodomy. An Article 32 hearing resulted in a recommendation that Nix be tried by general court-martial. Captain T. W. Finta, Nix’s commanding officer and a special-court-martial convening authority, forwarded the charges against Nix to the general-court-martial convening authority. Both Finta and the staff judge advocate recommended that Nix be tried by general court-martial. The general-court-martial convening authority referred the charges. At trial, Nix moved to dismiss all charges against him, arguing that he was the victim of selective and vindictive prosecution. Nix argued that he and Finta’s wife were friends and often engaged in banter of a sexual nature, that Finta was jealous of the relationship, and that his jealousy had biased him against Nix. Neither Finta nor his wife were called to testify concerning the alleged bias. The military judge denied Nix’s motion to dismiss, and the Court of Military Review affirmed. Nix appealed.

Rule of Law

Issue

Holding and Reasoning (Cox, J.)

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