FIRST PRINCIPLES: Constitutional Matters: Right to a Speedy Trial

2007

United States v. Tippit, 65 M.J. 69 (the Sixth Amendment to the Constitution provides that the accused in a criminal prosecution shall enjoy the right to a speedy  trial; a four-part test has been established for assessing whether a delay amounts to a Sixth Amendment constitutional violation, requiring a balancing of the length of the delay, reasons for the delay, whether the accused demanded a speedy trial, and any prejudice to the accused from the delay; in addition to the Sixth Amendment, timely processing also is subject to assessment under the Due Process Clause of the Fifth Amendment). 

 

(an unconditional plea of guilty which results in a finding of guilty waives any speedy trial issue as to that offense under the Sixth Amendment).

1999

United States v. Anderson, 50 MJ 447 (analysis of a claim that charges should have been dismissed for a violation of RCM 707, the standard of review is whether the military judge abused his discretion).

United States v. Doty, 51 MJ 464 (the conclusion whether an accused received a speedy trial is a legal question that is reviewed de novo; any underlying findings of fact by the military judge are given substantial deference and will be reversed only for clear error).