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.

3 Responses to “Top Ten Military Justice Stories of 2016 – #9: The undead Article 10”

  1. Shawn says:

  2. LLOD says:

    Article 10 is always a fact-intensive analysis. Article 10 was declared dead because it seemed like there was no fact pattern that could be found to violate it after CAAF upheld some egregious cases. Now there is.  The Gov ignores it at its peril. It’s not dead.

  3. Passing By says:

    It just so happens that Article 10 is only MOSTLY dead. There’s a big difference between mostly dead and all dead. Mostly dead is slightly alive.