U.S. v. McLaughlin, 50 M.J. 217

Trial Stages: Merits: Pretrial Agreements

1. impermissible pretrial agreement terms should be declared unenforceable by military judge while upholding the remaining agreement; RCM 705(c)(1)(B)
2. appellant is not entitled to relief on appeal from impermissible term of pretrial agreement waiving speedy trial issue absent prima facie showing or colorable claim of entitlement to relief, such as a showing of prejudice, demand for speedy trial, or lack of due diligence

Trial Stages: Appeals: Remedies › Generally

1. appellant is not entitled to relief on appeal from impermissible term of pretrial agreement waiving speedy trial issue absent prima facie showing or colorable claim of entitlement to relief, such as a showing of prejudice, demand for speedy trial, or lack of due diligence

Miscellaneous Matters: Speedy Trial: Generally

1. the Court rejects the notion that there is a “magic number” of days in pretrial confinement which would give rise to a presumption of a speedy trial violation; but see RCM 707