United States v. Davis

I dissent.

Despite the fact that the supervisory authority did not act on this forty-page record of trial until after the accused’s sentence to confinement was served, my brothers find “ ‘no wrong to be righted’ ” on the basis of the opinion in United States v Prater, 20 USCMA 339, 43 CMR 179 (1971). I dissented in Prater and do so here for the reasons set forth in my separate opinion in that case.

The record, as noted above, was short and the issues were uncomplicated (escape from confinement and absence *543without leave). The right to a speedy review is, in my opinion, a substantial one. As I…