United States v. Leonard

Opinion of the Court

COOK, Judge:

As appellant was in continuous confinement from the date his court-martial terminated (March 14, 1975) to the date of the convening authority’s action (July 25,1975), he submits on appeal that a dismissal of the charges is required because such confinement extended to 133 days.1 Appellant relies on Dunlap v. Convening Authority, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974), which established a presumption of a denial of a speedy disposition of the charges when an accused is continuously confined after trial and the convening authority does not act within 90 days.…