U.S. v. Dooley, 61 M.J. 258

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. the CCA erred in reversing the military judge’s decision to dismiss appellant’s case with prejudice for an RCM 707 speedy trial violation where the military judge did not abuse his discretion; the military judge’s factual findings were not clearly erroneous, and the military judge’s decision in applying the RCM 707 speedy trial factors was not influenced by an incorrect view of the law; the CCA erred by performing a de novo review of the facts and circumstances that led to the dismissal

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. under RCM 707, the military judge is directed to apply certain factors in determining a remedy for a speedy trial violation, and then decide whether those factors lead to the conclusion that the case should be dismissed with or without prejudice; under an abuse of discretion standard, mere disagreement with the conclusion of the military judge who applied the RCM 707 factors is not enough to overturn his judgment; the standard requires that the military judge be clearly wrong in his determination of the facts or that his decision be influenced by an erroneous view of the law
2. a military judge’s decision to dismiss a case with prejudice for an RCM 707 speedy trial violation can be reversed only for a clear abuse of discretion; the military judge’s decision should be affirmed unless his factual findings are clearly erroneous or his decision in applying the RCM 707 speedy trial factors was influenced by an incorrect view of the law

Miscellaneous Matters: Speedy Trial: Rule for Courts-Martial 707

1. under RCM 707, the military judge is directed to apply certain factors in determining a remedy for a speedy trial violation, and then decide whether those factors lead to the conclusion that the case should be dismissed with or without prejudice; under an abuse of discretion standard, mere disagreement with the conclusion of the military judge who applied the RCM 707 factors is not enough to overturn his judgment; the standard requires that the military judge be clearly wrong in his determination of the facts or that his decision be influenced by an erroneous view of the law
2. a military judge’s decision to dismiss a case with prejudice for an RCM 707 speedy trial violation can be reversed only for a clear abuse of discretion; the military judge’s decision should be affirmed unless his factual findings are clearly erroneous or his decision in applying the RCM 707 speedy trial factors was influenced by an incorrect view of the law