United States v. Rodgers

MEMORANDUM OPINION OF THE COURT

This case is before the Court on a petition for grant of review1 of the proceedings of a general court-martial which resulted in the accused’s conviction upon a charge of absence without leave for the period commencing November 6, 1967, and terminating August 21, 1973.2

During the course of a pretrial session of the court-martial convened pursuant to Article 39(a), UCMJ, 10 USC § 839(a), the defense moved for a dismissal of the charge and its specification contending the accused had been denied his right to a speedy trial. The military judge granted the motion…