United States v. Reinecke

RIVES, Judge,

with whom

McLAUTHLIN, Judge joins, concurring.

While I agree that the military judge incorrectly decided that the accused was denied a speedy trial, I write separately to express disagreement with one aspect of the lead opinion.

It is clear that the military judge erred as a matter of law by the manner in which he purported to abate the proceedings. Even though the government had never indicated it would refuse to comply with a judicial order to hire the expert, the judge nonetheless “abated” the proceedings at the same time he granted the defense request for the expert. This…