1 M.J. 185 | United States Court of Military Appeals | 1975
Concurrence Opinion
(concurring):
I concur.
I readily join in concluding that the Government has failed to justify the delay beyond the 90 days in bringing appellant to trial. Allowing for the absence of any known procedure to keep a person beyond his scheduled date of discharge solely for the purpose of testifying,
United States v Wheeler, 21 USCMA 468, 471, 45 CMR 242, 245 (1972).
Lead Opinion
OPINION OF THE COURT
The Government points to several "unusual factors” to justify the 126-day Burton
The decision of the United States Army Court of Military Review is reversed. The charge and its specification are ordered dismissed.
United States v Burton, 21 USCMA 112, 44 CMR 166 (1971).
Both parties acknowledge that the defense must share responsibility for a portion of the delay in bringing appellant to trial, but that the Government remains accountable for a period in excess of 90 days.