United States v. Bean

OPINION OF THE COURT

JONES, Senior Judge:

The appellant was brought to trial 124 days after he was placed in pretrial confinement.1 He contended at trial, and he renews his contention before us, that he was denied his right to a speedy trial.

When the period of pretrial confinement exceeds 90 days, there arises a presumption of a violation of Article 10, Uniform Code of Military Justice, 10 U.S.C. § 810, “thereby placing a heavy burden on the government to show diligence in the processing of a case.” United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971). Periods of defense requested…