United States v. Ivester

MITCHELL, Senior Judge:

The United States appeals under the Uniform Code of Military Justice (UCMJ), Article 62, 10 U.S.C. § 862, from a trial court ruling granting a defense motion to dismiss for lack of speedy trial. At issue is whether the military judge, basing his decision on United States v. Burton, 21 U.S.C.M.A. 112, 44 C.M.R. 166 (1971), vice Rule for Courts-Martial (R.C.M.) 707,1 applied the wrong legal standard.

The defendant is charged with five specifications of unauthorized absence which were preferred on 18 October 1985. He had previously been placed in pretrial confinement on 11…