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Legal Opinion

United States v. Henry

U.S. Navy-Marine Corps Court of Military Review

Decided May 31, 1994No. NMCM 93 1617PublishedCited by 7 opinions

1Opinion of the Court

DeCICCO, Judge:

This ease is the latest of several that this Court has recently reviewed that involve inordinate delay after trial. Here, due to the loss of the original record of trial, the convening authority did not act under Article 60, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 860, until nearly eight years after trial. The appellant requests that we set aside the findings and the sentence because he has been denied his right to speedy review and because the prosecution failed to prove his guilt beyond a reasonable doubt at trial. Based on case law and the facts of this ease, we…

2Cases cited15 opinions

  1. United States v. TurnerUnited States Court of Military Appeals · 1987
  2. United States v. BanksUnited States Court of Military Appeals · 1979
  3. United States v. MitchellUnited States Court of Military Appeals · 1994
  4. United States v. ClevidenceUnited States Court of Military Appeals · 1982
  5. United States v. DunbarUnited States Court of Military Appeals · 1990

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3Cited by7 opinions

  1. United States v. ThomasNavy-Marine Corps Court of Criminal Appeals · 1995
  2. United States v. SchlarbNavy-Marine Corps Court of Criminal Appeals · 1997
  3. United States v. WilliamsNavy-Marine Corps Court of Criminal Appeals · 1995
  4. United States v. DufourNavy-Marine Corps Court of Criminal Appeals · 1995
  5. United States v. TardifCourt of Appeals for the Armed Forces · 2002

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