United States v. Cole

I write separately to express my disagreement with the majority’s conclusion that the circumstances triggered the presumption of a denial of a speedy trial. United States v. Driver, 23 U.S.C.M.A. 243, 49 C.M.R. 376 (1974); United States v. Bur*228ton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971).

An Article 39(a)1 session was conducted on February 20. During this session, military defense counsel requested a continuance for the purpose of obtaining a civilian defense counsel. Trial counsel pressed for the earliest possible trial date, but defense counsel urged a date no earlier than March 6. The…