United States v. King

I dissent from the decision of the majority. I agree that unreasonable and unexplained delay prior to action by the convening and supervisory authorities coupled with personal prejudice to the accused will result in dismissal of charges in cases involving minor offenses. I also agree that the delay involved in this case, although not unexplained, is totally unreasonable. Neither good faith nor inadvertent negligence can excuse inordinate delay. United States v. Ervin, 20 U.S.C.M.A. 289, 42 C.M.R. 289 (1970). However, I am not totally convinced that the accused has sufficiently demonstrated…