Yesterday CAAF granted review in this Army case:

No. 19-0339/AR. U.S. v. Marco A. Reyes. CCA 20160704. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issues:

I. WHETHER THE MILITARY JUDGE ERRED IN DENYING THE DEFENSE MOTION TO DISMISS THE CHARGES AND SPECIFICATIONS FOR A VIOLATION OF APPELLANT’S RIGHT TO A SPEEDY TRIAL UNDER ARTICLE 10, UCMJ.

II. WHETHER THE RECORD OF TRIAL IS COMPLETE UNDER ARTICLE 54, UCMJ, WHERE IT CONTAINS ONLY A SUMMARIZED TRANSCRIPT OF THE ARTICLE 39(a), UCMJ, SESSIONS THAT OCCURRED PRIOR TO THE WITHDRAWAL AND RE-REFERRAL OF THE CHARGES.

Briefs will be filed under Rule 25.

The Army CCA issued a published opinion (available here) that addressed the Article 10 issue in a footnote and concluded that the delay was not unreasonable under the circumstances. The opinion did not discuss the incomplete record issue.

Article 10 contains a military speedy trial right. It was our #10 Military Justice Story of 2013 and #9 Military Justice Story of 2016.

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