United States v. Wolzok

OPINION OF THE COURT

At trial, the accused moved for dismissal of the charges asserting that he had been denied a speedy trial as a result of his 103 days’ pretrial confinement. United States v Burton, 21 USCMA 112, 44 CMR 166 (1971). Appellant now challenges the correctness of the military judge’s ruling denying his motion to dismiss. Resolution of the *493question essentially turns upon whether a 5-week period of inactivity in bringing the accused to trial qualifies as an extraordinary circumstance sufficient to overcome the Burton presumption. United States v Pyburn, 23 USCMA 179, 48 CMR 795…