United States v. Howard, 33 M.J. 596 (A.C.M.R. 1991). Without any supporting evidence at trial, the military judge used his own specialized knowledge of drug use in Germany to conclude the accused used hashish instead of leaf marijuana, how a pipe was used in the process, and that the charged offense was not the
accused’s first use of marijuana. In doing so, the judge became a witness, was
disqualified, and all actions from then on were void.