CAAF has posted its decision in United States v. Thompson, __ M.J. __, No. 09-0145/AR (C.A.A.F. Feb. 1, 2010), here. Chief Judge Effron wrote for the majority affirming ACCA’s denial of relief under Article 10.
The majority held:
We conclude that the Court of Criminal Appeals did not err, under the specific circumstances of this case, in rejecting Appellant’s claim that the processing of this case violated Article 10 in view of the limited period of time at issue — thirty-seven days [during which the government failed to exercise reasonable diligence]; a record that does not establish Government indifference or substantial inactivity over the full course of the pretrial proceeding; and Appellant’s failure to demonstrate prejudice in terms of oppressive confinement, as reflected in the absence of pretrial complaints about confinement conditions and Appellant’s subsequent entry into a pretrial agreement waiving any Article 13 claim for illegal pretrial confinement conditions.
Judge Stucky concurred in the result, opining that the 145-days of pretrial confinement with 106 days attributable to the government shouldn’t even trigger an Article 10 analysis.