Summary
The United States Court of Military Appeals held that the Government failed to explain the delay between the accused’s confinement and trial, violating his right to a speedy trial. The court set aside the findings and sentence, reversed the Court of Military Review, and ordered the charges dismissed.
Holdings
- The Government failed to meet its burden of explaining the delay beyond the 90-day period specified in United States v. Burton.
Questions Presented
- Whether the 125-day period of confinement before trial violated the accused's right to a speedy trial under the court's 90-day framework.
- Whether the Government adequately explained the delay beyond 90 days.
Disposition
reversed
Cases Cited (4)
- United States v. Burton, 21 C.M.A. 112, 44 C.M.R. 166 (1971)(followed)
- United States v. Marshall, 22 C.M.A. 431, 47 C.M.R. 409 (1973)(followed)
- United States v. Smith, 22 C.M.A. —, 47 C.M.R. — (Sept. 21, 1973)(followed)
- United States v. Stevenson, 22 C.M.A. —, 47 C.M.R. — (Aug. 24, 1973)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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