United States v. Swartz

Opinion of the Court

Darden, Chief Judge:

The military judge in this case dismissed three specifications of absence without leave charged against Private Swartz after a defense motion alleging lack of speedy trial. The convening authority disagreed with the basis for dismissing one of the specifi*76cations, however, and ordered the court reconvened for reconsideration of that particular decision.1 Trial and conviction on this single reinstated unauthorized absence followed. Ultimately, the case was assigned to Panel 3 of the United States Army Court of Military Review. Following assignment of…