U.S. v. Mackie, 72 M.J. 135

Miscellaneous Matters: Speedy Trial: Post-Trial

1. even after an initial appellate court decision, the Moreno (63 MJ 129) standard for speedy post-trial review is still applicable as the case continues through the appellate process
2. the over five years of post-trial delay from the initial CCA appellate review of this case until the final CCA opinion was issued affirming the findings and sentence, during which time the record was returned to the convening authority to order a sanity board, the sanity board was conducted, and the convening authority then took no further action on the case for over two years, was harmless beyond a reasonable doubt