United States v. Ledbetter

As to the timeliness of the convening authority’s post-trial review, discussed in point I of the principal opinion, I agree that the Court of Military Review correctly determined “the Dunlap rule simply does not apply”1 because the accused was released from post-conviction restraint. I do not concur in the implication in footnote 5 that convening authorities in the field have tended to apply Dunlap in a way that is so alien to the spirit of the case that a more rigid rule may be required. Every flexible standard, whether it be probable cause for the issuance of a warrant, determination of the…