United States v. Lazauskas

I agree with the end result of the majority opinion: the Appellant’s rights under R.C.M. 707 were not violated. But I disagree with portions of the majority opinion’s analysis. Most significantly, in its discussion of the first period of delay, the majority opinion rewrites R.C.M. 707. The majority opinion also misinterprets our case law controlling the speedy trial implications of the Article 35 waiting period following the service of referred charges. While I cannot agree with portions of the majority’s reasoning, I respectfully concur in the result.

The majority opinion states, “Under…