Legal Opinion · Dissent

United States v. Brown

U.S. Army Court of Military Review

Decided September 28, 1989No. ACMR 8802119Published

1DissentForeman, Senior Judge

I disagree with my brothers on two grounds. In the first place, responsibility for the untimely R.C.M. 1105 submission in this case rests squarely on the shoulders of a dilatory trial defense counsel. On 1 November, the trial defense counsel was notified that he had ten days to submit matters to the convening authority. On 16 November, he belatedly requested additional time and received an extension until 30 November. That date came and went with no response from the trial defense counsel. Seven days late, he submitted the matters *615in question. If the time limits in R.C.M. 1105 are to have any…

2Cases cited5 opinions

  1. United States v. CraigUnited States Court of Military Appeals · 1989
  2. United States v. EppsUnited States Court of Military Appeals · 1987
  3. United States v. AngeloU.S. Army Court of Military Review · 1988
  4. United States v. EppsU.S. Army Court of Military Review · 1985
  5. United States v. MoodyU.S. Army Court of Military Review · 1988

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