Appellant asserts that the military judge erred by denying the challenge of the entire panel. He argues that the remaining court members were also victims, because the thefts violated the sanctity of the deliberation room. This rule includes challenges based on actual bias as well as implied bias. We review rulings on challenges for cause for abuse of discretion. We are less deferential on questions of implied bias.
Implied bias is reviewed through the eyes of the public.
In Hunley the defendant was tried for burglary and murder. He had made an unforced entry into an apartment looking for small items to steal. When he was surprised by the occupant, he killed her with a kitchen knife and fled. While Hunley's jury was sequestered in a hotel overnight, four jurors in two adjacent rooms were burglarized in a manner similar to Hunley's burglary. The burglar made an unforced entry into each room with a pass key and stole money and other small items.