In a petition for habeas review of a military court martial, dismissal of the petition is affirmed where: 1) there was no due process right to a court-martial panel of a minimum size; and 2) petitioner did not present evidence that a panel of less than six persons was likely to result in a miscarriage of justice.
Argued September 18, 2009
Decided November 13, 2009
Opinion by Judge Rogers
Doris Coles-Huff, R. Craig Lawrence, Assistant U.S. Attorneys, Washington, DC