United States v. Lucy

I agree with the majority that the Court of Military Review did not err by returning the case for a limited hearing to determine the reasons, if any, for the post-trial delay. See United States v. DuBay, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967).

The Court also granted an issue to consider whether the post-trial delay of 91 days was adequately explained in view of the presumption established in Dunlap v. Convening Authority, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974). The primary reason advanced by the Government to overcome the Dunlap presumption was the necessity to transfer the case to another…