Another reference to my brother's case

Here is more information on my brother's case obtained from http://www.armfor.uscourts.gov/Grants.htm

"Monday, December 31, 2007

APPEALS-SUMMARY
DISPOSITIONS

No. 07-0385/NA. U.S. v. Kenneth E. HARRIS. CCA 200401897. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and the entire record, including the file of the Administrative Law Division of the Judge Advocate General of the Navy, submitted under seal by Appellee to this Court on October 4, 2007, we conclude that the Court of Criminal Appeals abused its discretion in deciding Appellant’s Motion for Panel and En Banc Reconsideration and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E. Geiser, and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case and to Rescind the Panel Two Opinion Issued in Appellant’s Case, without first considering the file of the Administrative Law Division. Accordingly, it is ordered that said petition is hereby granted as to assigned issue I:

WHETHER A JUDGE ON THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS SHOULD HAVE BEEN RECUSED FROM ACTING ON A CASE IN WHICH HE HAD PREVIOUS OFFICIAL INVOLVEMENT AND KNOWLEDGE OF SALIENT FACTS OUTSIDE THE RECORD OF TRIAL.

The case is returned to the Judge Advocate General of the Navy for remand to the United States Navy-Marine Corps Court of Criminal Appeals to reconsider Appellant’s Motion for Panel and En Banc Reconsideration and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E. Geiser, and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case, in light of the entire file of the Administrative Law Division of the Judge Advocate General of the Navy that is now attached to the record. This reconsideration will be before judges who have not previously participated in this case. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2000), shall apply. This is without prejudice to raising the other issues assigned in the instant petition for grant of review"

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