The speedy trial right codified in Article 10 was our #10 Military Justice Stories of 2013 because – while the right was generally considered dead – developments that year had Article 10 rise up and give us its best Monty Python impression by asserting that it’s “not dead yet,” only to be silenced again by a sharply-divided CAAF in United States v. Wilson, 72 M.J. 347 (C.A.A.F. 2013) (CAAFlog case page).
But this year, in United States v. Cooley, 75 M.J. 247 (C.A.A.F. May. 6, 2016) (CAAFlog case page), CAAF affirmed the decision of the Coast Guard CCA that dismissed charges for violation of the Article 10 right to a speedy trial.
CAAF’s decision in Cooley was a fact-intensive application of the right and so I think it premature to declare Article 10 resurrected. But the UCMJ’s statutory speedy trial right is reanimated for sure, making it our #9 Military Justice Story of 2016.