United States v. Harvey

Under provision of Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862, the Government appeals the military judge’s ruling granting a defense motion to dismiss all pending charges and specifications for lack of a speedy trial. We reverse the military judge’s ruling and remand for further proceedings.

At trial the defense moved to dismiss all charges and specifications based on a theory that the accused’s right to a speedy trial had been violated. In particular the defense postulated that, because the accused was continuously confined, a 59 day delay from his demand for immediate…