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OCR: appellate judges are appointed violates the Appointmerts Clause and failure to appoint those judges to fixed terms of office denies an accused liberty without due process. Several days before 11 heard argument in Weiss, the Court of Military Appeals issued ar opinion United Graf 35 M.J 450 1992) re jecting the due process claim. Then. Decermber 24 1992 sharply divided court rejected Weiss' Appointments Clause argunent and affirmed the Navy Marine Corps Court decision Hemandez' case was affirmed on February 25 1993. based on Weiss Pet. App. 88a. In order to garmer three votes in Weiss, the majority below peeeed two separate and largely inconsistent rationales. Judge Gierke writing the lead opinion for himself pue Judge Cox, agreed that military judges are officers who must be appointed n ac ...