United States v. Payne

3 M.J. 354 (1977)

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United States v. Payne

United States Court of Military Appeals
3 M.J. 354 (1977)

Facts

Major Payne was appointed to serve as Article 32 investigating officer concerning charges against Specialist Leslie J. Payne (defendant). Despite being informed that the office of the staff judge advocate was available to advise Major Payne on his role, Major Payne chose to seek information and advice by engaging in multiple ex parte conversations with the prosecutor in the matter. The topics of these conversations included the burden of proof, evidentiary standards, and the legality of a search that had produced evidence against Specialist Payne. Major Payne characterized these conversations as procedural in nature. Specialist Payne was ultimately convicted of failure to safeguard classified material, wrongful appropriation of government documents, and furnishing classified materials to an unauthorized person. The United States Army Court of Military Review approved the conviction. Specialist Payne appealed, arguing that his pretrial rights had been violated because Major Payne had not been impartial.

Rule of Law

Issue

Holding and Reasoning (Fletcher, C.J.)

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