United States v. Shely

Opinion of the Court

EVERETT, Chief Judge:

This appeal is another of a disturbing number of cases involving intolerable delay in the post-trial processing of courts-martial which have arisen since this Court, in United States v. Banks, 7 M.J. 92 (C.M.A.1979), withdrew from the “inflexible application” (id. at 93) of the presumption of prejudice from such delay theretofore invoked under certain circumstances, see Dunlap v. Convening Authority, 23 U.S.C. M.A. 135, 48 C.M.R. 751 (1974). Instead, the Court determined that “applications for relief because of delay of final action by the convening…