United States v. Callinan

OPINION OF THE COURT

MURDOCK, Senior Judge:

This is an appeal by the government under Article 62, UCMJ, 10 U.S.C. § 862. At the first session of his court-martial, Senior Airman Marks moved for dismissal of all charges based on a denial of speedy trial, citing R.C.M. 707. The military judge granted the motion and the government appealed. We hold that the military judge erred and grant the government appeal.

As usual with appeals based on speedy trial issues, we must set out a rather detailed chronology:

17 Dec 88—

3 Jan 90 Alleged offenses occurred

5 Feb 90 Marks verbally restricted to base by base…