The U.S. Court of Appeals ruled a military judge was biased in making the suspected Fort Hood shooter shave his beard for court.

The court ousted Colonel Gregory Gross, saying he seemed partial over the case involving Major Nidal Hasan.

However, the court said it was not ruling on whether the judge's order violated Hasan's Muslim rights.

Hasan faces the death penalty if convicted of the 2009 shootings on the Texas army base. Specialist Fred Greene from Johnson County, Tennessee was killed in those shooting three years ago.

Fort Hood officials said the case will continue after a new judge is appointed.