United States v. Jackson

22 C.M.A. 481 (1973) · United States Court of Military Appeals · October 19, 1973

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

  1. The Government failed to meet its burden of explaining the delay beyond the 90-day period specified in United States v. Burton.

Questions Presented

  1. 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.
  2. 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.

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