United States v. McCullough

OPINION OF THE COURT AND ACTION ON APPEAL BY THE UNITED STATES FILED PURSUANT TO ARTICLE 62, UNIFORM CODE OF MILITARY JUSTICE

HARVEY, Senior Judge:

The government’s timely appeal under Article 62, Uniform Code of Military Justice, 10 U.S.C. § 862 [hereinafter UCMJ], is granted. The military judge’s decision to dismiss the charges and specifications with prejudice due to lack of a speedy trial under Article 10, UCMJ, 10 U.S.C. § 810, is vacated. We hold that appellee’s right to a speedy trial was not violated.

The government, however, caused Private (PVT) Morales, a potentially exculpatory,…