United States v. Ware

OPINION OF THE COURT

FERGUSON, Senior Judge:

Appellant complains that the convening authority who “reversed” the military judge’s dismissal of the charge1 against appellant on the ground of denial of speedy trial2 and who “directed [trial] to proceed,” acted without lawful power to do so, a claim with which we agree. As a consequence, we reverse and dismiss.

After the trial judge had granted the appellant’s motion to dismiss the charge, which motion was predicated upon an alleged denial of the appellant’s right to a speedy disposition of that charge against him, the Government appealed the trial…