United States v. Mackie
2013 CAAF LEXIS 396
C.A.A.F.2013Background
- Mackie was convicted by a special court-martial on September 2, 2006, following pleas.
- CCA initial review on September 24, 2007 held a sanity board was improperly denied and remanded for action by the convening authority to order a sanity board.
- Over five years later, on October 24, 2012, the CCA affirmed the findings and sentence.
- The CCA rejected Mackie’s due process claim from extensive post-trial delay, applying Roach to Moreno's applicability after an initial appellate decision.
- This Court clarifies that Moreno applies as the case continues through appellate review, but the post-trial delay here was harmless beyond a reasonable doubt under Allison.
- Decision affirms the CCA’s judgment, with the post-trial delay deemed harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Moreno apply after an initial appellate decision? | Mackie: Moreno not applicable after initial decision if delay is non-malicious. | Mackie: Moreno controls unless malicious delay is shown; Roach limits applicability. | Moreno applies; but delay harmless beyond a reasonable doubt. |
| Was the post-trial delay harmless beyond a reasonable doubt? | Mackie argues prolonged delay violated Moreno presumption. | Allison supports finding harmlessness given lack of malice and legal proceedings. | Delay was harmless beyond a reasonable doubt. |
Key Cases Cited
- United States v. Moreno, 63 M.J. 129 (C.A.A.F. 2006) (Moreno standard governs post-trial appellate delay)
- United States v. Roach, 69 M.J. 17 (C.A.A.F. 2010) (initial decision; applicability of Moreno after non-malicious delay)
- United States v. Allison, 63 M.J. 365 (C.A.A.F. 2006) (post-trial delay may be harmless beyond a reasonable doubt)