United States v. Brewer

Opinion of the Court

The Judge Advocate General of the Air Force certified (9 M.J. 16) the two questions that follow:

I. WAS THE COURT OF MILITARY REVIEW CORRECT IN HOLDING THAT THE PRESUMPTION OF DENIAL OF SPEEDY DISPOSITION PRESCRIBED IN DUNLAP V. CONVENING AUTHORITY, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974) APPLIED IN THIS CASE?

II. IF ISSUE I IS ANSWERED IN THE AFFIRMATIVE, WAS THE COURT OF MILITARY REVIEW CORRECT IN HOLDING THAT THE GOVERNMENT WAS RESPONSIBLE FOR' MORE THAN 90 DAYS BETWEEN THE DATE OF TRIAL AND THE DATE OF ACTION?

We answer the first question in the affirmative.1 The Court of…