The military judge denied the challenge. During trial on the merits, appellant presented an alibi defense. To rebut the alibi, the prosecution called CPL Smith. Defense counsel presented witnesses and suggested in cross-examination and argument that CPL Smith disliked appellant and was jealous of him. Rome , supra at 469.
Actual bias is a question of fact.
Napoleon , supra at 283. The focus is on the perception or appearance of fairness of the military justice system. Rome , supra at 469, quoting Daulton , supra at 217. We give the military judge less deference on questions of implied bias. Rome , supra at 469.