United States v. Britton

DECISION

MURDOCK, Judge:

This case illustrates some of the pitfalls lurking in the new Rules for Courts-Martial concerning speedy trial and government appeals. Appellant was originally tried by special court-martial (Britton I) on five charges involving drug offenses, driving while intoxicated, and failure to go. The trial in Britton I was halted when the government chose to appeal, under the provisions of R.C.M. 908, a ruling affecting three of the five charges. One month after the R.C.M. 908 appeal process began, the convening authority withdrew the two charges which were not involved in that…