The military's highest court ousted the judge in the Fort Hood shooting case Monday and threw out his order to have the suspect's beard forcibly shaved before his court-martial. The U.S. Court of Appeals for the Armed Forces ruled that Col. Gregory Gross didn't appear impartial while presiding over the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings on the Texas Army post that killed 13 people and wounded more than two dozen others. The court-martial had been set to begin three months ago but has been on hold pending the appeals. In a statement issued Monday night, Fort Hood officials said proceedings in the case will resume after a new judge is appointed by the Army's highest legal branch. That indicates Army prosecutors will not appeal this ruling to the U.S. Supreme Court.