United States v. Morrow
Opinion of the Court
Opinion of the Court
Prior to his ultimate conviction at a general court-martial,
Apparently the court below relied on dicta in United States v. Johnson, 1 M.J. 101 (C.M.A. 1975), to conclude that dismissal of the charges was not mandatory in order to comply with the ruling of United States v. Burton, supra. The facts of the instant case demonstrate passage of nearly 80 days from the first of three demands for trial and the later arraignment and release from confinement of appellant. Here the intermediate court concluded that the Government’s conduct was “not so flagrant as to require the extreme remedy of dismissal,” and appellant’s sentence to forfeitures was reassessed. United States v. Morrow, supra, at 557.
The decision of the United States Navy-Marine Corps Court of Military Review is reversed. The findings and sentence are set aside. The charges are dismissed.
Appellant was found guilty of violating Articles 121, 130, and 86 of the Uniform Code of Military Justice, 10 U.S.C. §§ 921, 930, and 886, respectively. He was sentenced to confinement at hard labor for 15 months, to forfeit all pay and allowances, to be reduced to the grade of E-l, and to be discharged with a bad-conduct discharge, on August 18, 1980. The United States Navy-Marine Corps Court of Military Review affirmed the findings of guilty, but reassessed the sentence, approving 15 months’ confinement, forfeiture of $250.00 pay per month for 15 months, reduction to E-l, and a bad-conduct discharge.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.