Now CAAF says:
No. 13-0570/AF. U.S. v. Steven A. DANYLO. CCA 37916. Review granted on the following issues:
I. WHETHER THE MILITARY JUDGE ERRED WHEN HE ONLY CONSIDERED THE PERIOD OF TIME FOR APPELLANT’S ARTICLE 62 APPEAL FOR THE PURPOSES OF APPELLANT’S SPEEDY TRIAL MOTION.
II. WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO SPEEDY TRIAL WHEN HIS COURT-MARTIAL OCCURRED 350 DAYS AFTER HE WAS PLACED IN PRETRIAL CONFINEMENT.
Briefs will be filed under Rule 25.
And we are like, “No way!”
The AFCCA’s opinion is here. Notably, the charges were dismissed with prejudice after Appellant raised a speedy trial claim at the trial stage. But the Government appealed, the AFCCA reversed (after hearing oral argument; recording here), and Appellant entered conditional pleas of guilty.