CAAFlog
  • Home

CAAFlog

United States v. Bess

5/7/2021

0 Comments

 
​NMCCA decision.
CAAF decision.
Exercising his authority under 10 U.S.C. § 825, a military commander hand-selected ten White members to sit on a general court-martial panel—the military equivalent of a jury—for a Black man charged with sexual misconduct against White women. Before selecting this all-White panel, the commander received a report showing the White women first identified their perpetrator not by a name, but by the color of his skin: Black.

As the members entered the courtroom, the accused Black man, Hospital Corpsman Petty Officer Second Class (HM2) Pedro Bess, leaned towards his counsel and asked about the panel’s racial composition. His counsel stood, presented the issue to the military judge, challenged the panel on equal protection grounds, and moved for discovery. Reasoning that she could not see the members’ race, the military judge found no issue with the all-White panel. Later, the hand-selected White members convicted HM2 Bess. The lower courts affirmed without additional fact-finding, and to date, no one has answered HM2 Bess’s question about his panel: “Why aren’t there any Black people?”

The Questions Presented are:

1. Whether 10 U.S.C. § 825, as applied in Petitioner’s case, violates the Fifth Amendment.

​2. Whether the lower court erred in declining to remand Petitioner’s case for additional factfinding.
Docket entries for Bess, here.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Picture
    Picture
    Picture
    Links
    CAAF
    -Daily Journal
    -Current Term Opinions
    ACCA
    AFCCA
    CGCCA
    NMCCA
    Joint R. App. Pro.
    Global MJ Reform
    LOC Mil. Law
    Army Lawyer
    Resources

    Categories

    All
    Daily Journal
    MJ Reform
    Question Time
    Scholarship
    Top Of The Year 2021
    Unanimous
    Week In Review

    Archives

    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020

The views expressed on this website are expressed in the authors' personal capacities.
Proudly powered by Weebly
  • Home