Legal Opinion · Concurrence

United States v. Private E1 CARLOS A. GONZALES-GOMEZ

Army Court of Criminal Appeals

Decided November 30, 2016No. ARMY 20121100Published

1Concurrence

Judge WOLFE

concurring:

I join the majority opinion fully in all but one aspect. I would find that the unreasonable and unexplained delay in this case constituted a violation of the due process rights of appellant. Mthough adequately stated by the majority, the facts bear repeating.

It took 180 days after authentication to mail the case to appellant. An administrative task that should take at most a few hours instead took six months. It took 190 days after authentication to draft a two-page, routine legal memorandum.

These delays reflect a lack of leadership, not resources. It is' carelessness so…

2Cases cited2 opinions

  1. United States v. MorenoCourt of Appeals for the Armed Forces · 2006
  2. United States v. Specialist ALVIN S. BANKSArmy Court of Criminal Appeals · 2016

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