United States v. Flint

OPINION OF THE COURT

FLETCHER, Chief Judge:

The decision of the United States Army Court of Military Review is affirmed. In affirming, we adopt the development and analysis of that court in resolving the speedy trial question,1 except insofar as the court exempted all rehearings, rather than merely Dubay-type proceedings2 from the *429Burton3 rule. A DuBay proceeding, in effect, is utilized to gather additional evidence or to resolve conflicting evidence before determining an issue presented to the appellate tribunal. A rehearing, on the other hand, is a trial de novo, to redetermine either an…