United States v. Pierce

I concur in part and dissent in part.

While I agree with my brothers’ ultimate disposition of the accused’s claim that he was denied a speedy trial, I disassociate myself from their reasoning. Since the issue was not raised at trial, the record does not disclose why the accused was initially confined for thirty-five days and then released without charges being pre*229ferred.1 Nor is there any explanation for the Government’s delay in preferring charges for a simple absence-without-leave offense, until three hundred sixty-three days after the accused’s return to military control. To reason, as my…