United States v. Britton

Opinion of the Court

COX, Judge:

The Judge Advocate General of the Air Force certified the following questions for our consideration:1

I

WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED IN DISMISSING SPECIFICATIONS 4 AND 5 OF CHARGE II AND CHARGE III AND ITS SPECIFICATION FOR DENIAL OF A SPEEDY TRIAL UNDER R.C.M. 707 WHERE THE ACCUSED MADE NO MOTION AT ANY POINT IN THE TRIAL TO DISMISS THE OFFENSES FOR DENIAL OF A SPEEDY TRIAL AND THEREFORE WAIVED THE ISSUE.

II

WHETHER THE AIR FORCE COURT OF MILITARY REVIEW ERRED AS A MATTER OF LAW IN DISMISSING SPECIFICATIONS 4 AND 5 OF CHARGE II AND CHARGE…