United States v. Vendivel

I agree with the majority that in these two cases the failure of the defense at trial to raise any speedy trial complaint waived the R.C.M. 707 issue. I dissent from the majority’s action in relieving these two appellants of the consequences of their waivers on the basis that the military judges in these cases committed plain error in not raising the issue sua sponte, and I do not join in the majority’s order returning these cases for further trial proceedings.

Our decision in United States v. Shim, 36 M.J. 1124 (A.F.C.M.R.1993), which held that the revised speedy trial rules in Change 5 to…