United States v. Jackson

The issue before this court is whether the military judge erred when he denied a motion to dismiss the charge and its single specification as having been barred from prosecution by a previous trial due to the running of the statute of limitations, thereby invoking the doctrine of res judicata. Appellant had been arraigned and pleaded guilty on 20 May 1982 to an offense of unauthorized absence alleged to have commenced on 22 February 1980, in violation of Article 86, Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. § 886. Before proceeding through the providence inquiry, however, the…