United States v. Bush

RYAN, J., with whom STUCKY, J.,

joins (concurring in the judgment):

Relying on this Court’s holding in United States v. Toohey (Tookey II), the majority accepts the lower court’s holding that the significant appellate delay in this case violated Appellant’s Fifth Amendment right to due process. See United States v. Bush, 68 M.J. at 103 & n. 8 (C.A.A.F.2009) (finding due process violations when “the delay ‘is so egregious that tolerating it would adversely affect the public’s perception of the fairness and integrity of the military justice system’ ” (quoting Tookey II, 63 M.J. 353, 362…