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Legal Opinion

United States v. Duncan

United States Court of Military Appeals

Decided October 28, 1993No. 68,272; CMR No. 8601129PublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court

EVERETT, Senior Judge:

This appeal concerns the legal effect of a lengthy delay in commencing the pretrial investigation under Article 32, Uniform Code of Military Justice, 10 USC § 832, and trial of the accused by court-martial while the Government prosecuted related charges against him in a Federal District Court. Under the circumstances present here, we agree with the Court of Military Review that the delay was impermissible and that RCM 707, Manual for Courts-Martial, United States, 1984, as it then read, required dismissal of the charges.

*477i

In the early 1980s Lieutenant…

2Cases cited9 opinions

  1. United States v. ColeUnited States Court of Military Appeals · 1990
  2. United States v. Mildred CarrasquilloCourt of Appeals for the Third Circuit · 1981
  3. United States v. Scott David LattanyCourt of Appeals for the Third Circuit · 1993
  4. United States v. CarlisleUnited States Court of Military Appeals · 1988
  5. United States v. LonghoferUnited States Court of Military Appeals · 1989

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3Cited by6 opinions

  1. United States v. JenkinsCourt of Appeals for the Armed Forces · 2004
  2. United States v. DiesNavy-Marine Corps Court of Criminal Appeals · 1995
  3. United States v. GarnerU.S. Navy-Marine Corps Court of Military Review · 1993
  4. Schmidt v. BooneUnited States Air Force Court of Criminal Appeals · 2004
  5. United States v. EdmondCourt of Appeals for the Armed Forces · 1995

1 more not listed; retrieve them via the Exa API.

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