2012 (September Term)
United States v. Wilson, 72 M.J. 347 (an accused’s assertion of his speedy trial right is entitled to strong evidentiary weight in determining whether he was deprived of the right).
United States v. Mizgala, 61 M.J. 122 (courts have uniformly held that a guilty plea constitutes a waiver of an accused’s rights under the Speedy Trial Act; however, the Speedy Trial Act does not apply to offenses under the UCMJ).
United States v. Brevard, 58 MJ 124 (where the Government had a reasonable, good faith belief under United States v. Melanson, 53 M.J. 1 (C.A.A.F. 2000) (holding that a final accounting of pay is a condition precedent to a lawful discharge) that appellant had not been lawfully or fraudulently discharged when it decided to proceed initially on the underlying charges rather than on the issue of fraudulent separation, it acted with reasonable diligence for speedy trial purposes).
1999United States v. McLaughlin, 50 MJ 217 (the Court rejects the notion that there is a “magic number” of days in pretrial confinement which would give rise to a presumption of a speedy trial violation; but see RCM 707).