United States v. Johnson

OPINION OF THE COURT

Ferguson, Senior Judge:

A dismissal of all charges and specifications by the Army Court of Military Review for lack of a speedy trial has prompted the Judge Advocate General of the Army to certify the following two questions pursuant to Article 67(b)(2), Uniform Code of Military Justice, 10 USC § 867(b)(2).

WAS THE COURT OF MILITARY REVIEW CORRECT IN DETERMINING THAT THE ACCUSED’S SUBSEQUENT MISCONDUCT DID NOT DEPRIVE HIM OF THE BENEFIT OF THIS HONORABLE COURT’S RULE IN UNITED STATES V BURTON WHICH REQUIRES THE PROSECUTION TO SUSTAIN AN EXTRA-HEAVY BURDEN OF SHOWING…