United States v. Shim

OPINION OF THE COURT

JOHNSON, Judge:

This case raises the issue of how to apply the revised speedy trial rules set out in Change 5 to the Manual for Courts-Martial (1984) when charges were preferred before Change 5 became effective and arraignment occurred after the effective date. We conclude the revised rules apply fully to these cases. Since Airman Shim was not arraigned within the time prescribed by the rule, we set aside the findings of guilty.

Airman Shim conditionally pleaded guilty to desertion.1 His pleas were conditioned on the right to appeal the denial of his motion to dismiss the…