United States v. Marshall

OPINION OF THE COURT

Darden, Chief Judge:

This case, which results from an offense that occurred after our decision in United States v Burton, 21 USCMA 112, 118, 44 CMR 166, 172 (1971), tests the meaning of this language from the opinion in that case:

For offenses occurring after the date of this opinion ... in the absence of defense requests for continuance, a presumption of an Article 10 violation will exist when pretrial confinement exceeds three months. In such cases, this presumption will place a heavy burden on the Government to show diligence, and in the absence of such a showing the…