Cashin was tried and sentenced by an "officer" panel.
Findings: G of A&B and obstruction of justice. NG of "multiple" rapes.
Sentence: 14 days confinement and a Dismissal.
Issue. Abuse of discretion in denial of a member challenge.
The court gives lengthy quotes from the voir dire and is helpful in exploring sexual assault policy, commander, and command requirements.
[T]he military judge's factual findings were-while perhaps not clearly erroneous-not exactly correct. Between the military judge and trial counsel, the concept of "walling off experiences as a battalion commander was attributed to LTC x multiple times. However, LTC x never used that phrase; rather, it was incorporated into the military Judge's and trial counsel's voir dire questions. The military judge quoted LTC as saying, "At the end of the day, I can wall it off. I can judge this case on the facts." However, LTC did not expressly say this.
Findings and sentence set-aside.
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Joint R. App. Pro.