United States v. Berrey

Except for footnote 3,1 fully concur in the opinion of Judge Albertson but write separately to discuss the military judge’s alternate theory. The issue is whether the military judge erred as a matter of law in ruling that the R.C.M. 707(a)(1) 120-day speedy trial clock constructively started to run on the day of preferral, rather than on the day of notice of preferral (as is expressly provided in that rule), because the Government intentionally manipulated the date of notification to avoid triggering R.C. M. 707 and could have notified the accused on the date of preferral. The Government…