United States v. M'Latamou

22 C.M.A. 514
CourtUnited States Court of Military Appeals
DecidedNovember 30, 1973
DocketNo. 27,582
StatusPublished

This text of 22 C.M.A. 514 (United States v. M'Latamou) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. M'Latamou, 22 C.M.A. 514 (cma 1973).

Opinion

OPINION OF THE COURT

Darden, Chief Judge:

The accused was confined for 143 days before his trial for offenses that occurred after December 17, 1971. In reply to the accused’s trial motion for dismissal of the charges based on a denial of speedy trial, the Government failed to carry its heavy burden of explaining why the delay exceeded 3 months. United States v Burton, 21 USCMA 112, 44 CMR 166 (1971); United States v Marshall, 22 USCMA 431, 47 CMR 409 (1973). The motion for dismissal of the charges was thus erroneously denied.

The decision of the U. S. Air Force Court of Military Review is reversed. The findings of guilty are set aside, and the Charge and Additional Charge and their specifications are ordered dismissed. The record of trial is returned to the Judge Advocate General of the Air Force.

Judges Quinn and Duncan concur.

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Related

United States v. Burton
21 C.M.A. 112 (United States Court of Military Appeals, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
22 C.M.A. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mlatamou-cma-1973.