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Legal Opinion

United States v. Mickla

U S Air Force Court of Military Review

Decided October 30, 1989No. ACM 27665PublishedCited by 8 opinions

1Opinion of the Court

DECISION

KASTL, Senior Judge:

The appellant asserts that the military judge erred by denying her motion to dismiss charges under R.C.M. 707 because she was not brought to trial within 120 chargeable days. We agree. The so-called “dismissal” of old charges and reinstitution of new charges ran afoul of the speedy trial provisions and regulatory framework of R.C.M. 306(c)(1), 401(c), and 707.

I

Court-martial charges were initially preferred at Carswell Air Force Base, Texas on 24 June 1988; the resulting Article 32 investigation was completed on 30 June and forwarded to the general court-martial…

2Cases cited12 opinions

  1. United States v. BurrisUnited States Court of Military Appeals · 1985
  2. United States v. BrittonUnited States Court of Military Appeals · 1988
  3. United States v. CarlisleUnited States Court of Military Appeals · 1988
  4. United States v. ReichenbachUnited States Court of Military Appeals · 1989
  5. United States v. GromUnited States Court of Military Appeals · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. United States v. BoladoU.S. Navy-Marine Corps Court of Military Review · 1991
  2. Andrews v. HeupelU S Air Force Court of Military Review · 1989
  3. United States v. CallinanU S Air Force Court of Military Review · 1991
  4. United States v. BowlesU.S. Army Court of Military Review · 1993
  5. United States v. HayesU.S. Army Court of Military Review · 1993

3 more not listed; retrieve them via the Exa API.

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