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v.
William C. BRAGG, Staff Sergeant
U.S. Marine Corps, Appellant
No. 07-0382
Crim. App. No. 200600228
United States Court of Appeals for the Armed Forces
Argued February 26, 2008
Decided May 27, 2008
BAKER, J., delivered the opinion of the Court, in which EFFRON,
C.J., and ERDMANN, STUCKY, and RYAN, JJ., joined.
Counsel
For Appellant: Major Brian L. Jackson, USMC (argued);
Lieutenant Commander Ricardo A. Berry, JAGC, USNR.
Military Judge:
R. S. Chester
United States v.
Bragg, No. NMCCA 200600228, 2007 CCA LEXIS 44, at *19, 2007 WL
1704149, at *7 (N-M. Ct. Crim. App. Feb. 21, 2007)
(unpublished).
question:
WHETHER THE LOWER COURT ERRED IN UPHOLDING THE MILITARY
JUDGES DENIAL OF THE CHALLENGE FOR CAUSE OF LIEUTENANT
COLONEL [W].
Based on the reasoning below, we hold that the lower court
erred.
While
LtCol W stated
case were committed between April 3, 2003, and April 10, 2003,
and charges were preferred on May 28, 2003.
In addition to
As a
United States
(C.A.A.F. 2003).
United
This Court
Miles, 58
However,
Id.
United
Implied
Implied
Thus, the
That is
Such a conclusion