United States v. Murphy

EVERETT, Chief Judge, with whom FLETCHER, Judge,

joins (concurring in the result):

I

When an American servicemember is court-martialed, the effect of any pretrial confinement may be significant. For example, it can give rise to a right to dismissal of charges for lack of speedy trial, United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971); and to entitlement to administrative credit on any sentence to confinement that may be adjudged by the court-martial, United States v. Allen, 17 M.J. 126 (C.M.A. 1984); United States v. Suzuki, 14 M.J. 491 (C.M.A. 1983). If the confinement is…