Monday, September 25, 2006


Harvey shows CAAF once again fired up about UCI and providing relief for post-trial delay only when the appellant has a winning issue. But unlike in Moreno, the relief here is really shallow. With only 60 days of confinement, the relief CAAF fashioned only gives him back two months of LCpl pay. Not quite the windfall Moreno got. The case also continues the Richardson (61 M.J. 113) DuBay relief trend of last term, of skipping the DuBay hearing when there has been post-trial delay. It sort of raises the question of how important are DuBay hearings when they are so easily skipped. Judge Crawford does a nice job of pointing this out in the dissent: "Is there really a difference in the effect of the passage of time on the memories of court members for the purposes of a DuBay hearing versus the memories of witnesses for a new trial?"

Jason Grover

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