Whether claims of judicial bias and improper referral of charges are jurisdictional in military justice, and whether the Tenth Circuit's Dodson factors create an unconstitutional bar to habeas review for court-martial petitioners

1: WHETHER, IN THE UNIFORM CODE OF MILITARY JUSTICE, THE CLAIMS OF JUDICIAL BIAS AND IMPROPER REFERRAL OF CHARGES ARE JURISDICTIONAL IN NATURE. QUESTION 2: WHETHER THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ’S USE OF THE FACTORS ENUMERATED IN DODSON V. ZELEZ, 917 F.2D 1250 (10TH CIR. 1990), KNOWN COEQUALLY AS THE “DODSON FACTORS ”, CREATES AN UNCONSTITUTIONAL BAR TO HABES REVIEW FOR MILITARY COURT MARTIAL PETITIONERS IN VIOLATION OF THE SUSPENSIONS CLAUSE OF THE U.S. CONSTITUTION, ARTICLE 1 § 9 CL. 2.