CAAF Opinion Digest · one opinion, every topic
U.S. v. Anderson, 50 M.J. 447
Decided Jun 29, 1999 · No. 98-0092/MC · 1999 Term · Opinion (PDF)
Digested under 3 topics
First Principles: Constitutional Matters: Right to a Speedy Trial
- analysis of a claim that charges should have been dismissed for a violation of RCM 707, the standard of review is whether the military judge abused his discretion
Trial Stages: Appeals: Standards of Review, Burdens, etc.
- analysis of a claim that charges should have been dismissed for a violation of RCM 707, the standard of review is whether the military judge abused his discretion
Miscellaneous Matters: Speedy Trial: Rule for Courts-Martial 707
- where charges are dismissed, absent a subterfuge, the speedy trial clock is restarted and a new 120-day time period under RCM 707(b)(3)(A) begins on the day of dismissal; even where there is continued restraint, a dismissal of the charges stops the 120-day clock and a new 120-day clock is started on the day of dismissal
Source and status
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