Legal Opinion

United States v. Dooley

Court of Appeals for the Armed Forces

Decided August 3, 2005No. 05-6002/NAPublishedCited by 12 opinions

1Opinion of the Court

Chief Judge GIERKE

delivered the opinion of the Court.

The military judge dismissed Appellant’s case with prejudice based on a violation of Rule for Courts-Martial (R.C.M.) 707, the right to a speedy trial. The United States Navy-Marine Corps Court of Criminal Appeals (CCA) agreed that a violation of R.C.M. 707 had occurred but disagreed with the military judge’s decision to dismiss with prejudice and reversed his decision. 1 This case illustrates the difficulty an intermediate appellate court faces when balancing the defer ence due a military judge under the abuse of discretion standard with…

2Cases cited8 opinions

  1. Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
  2. United States v. TaylorSupreme Court of the United States · 1988
  3. United States v. SullivanCourt of Appeals for the Armed Forces · 1995
  4. United States v. TibbsUnited States Court of Military Appeals · 1965
  5. United States v. O'ConnorCourt of Appeals for the Armed Forces · 2003

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. StellatoCourt of Appeals for the Armed Forces · 2015
  2. United States v. BowserUnited States Air Force Court of Criminal Appeals · 2014
  3. United States v. Private E2 JARROD E. MCCLAINArmy Court of Criminal Appeals · 2008
  4. United States v. Private First Class MARQUIS B. HAWKINSArmy Court of Criminal Appeals · 2016
  5. United States v. McMurrinNavy-Marine Corps Court of Criminal Appeals · 2013

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API