United States v. Harrow
United States Court of Appeals for the Armed Forces
65 M.J. 190 (2007)
- Written by Salina Kennedy, JD
Facts
Airman Basic Ashontia K. Harrow (defendant) was tried by a general court-martial and convicted of the unpremeditated murder of her infant daughter. Harrow entered guilty pleas to several additional charges and was sentenced to a dishonorable discharge, 25 years’ confinement, and forfeiture of all pay and allowances. The convening authority approved the findings and the sentence of the court-martial. The Air Force Court of Criminal Appeals affirmed all the findings except for one specification of absence without leave and reassessed Harrow’s conviction for unpremeditated murder, reducing Harrow’s period of confinement and adding a reduction in grade to E-1. The decision of the Court of Criminal Appeals was issued 1,467 days after the adjournment of Harrow’s court-martial. A delay of 826 days occurred between the submission of final briefs and the decision of the Court of Criminal Appeals. Harrow appealed to the United States Court of Appeals for the Armed Forces, arguing, among other things, that the delay in the posttrial review and appeal of her case had violated her right to due process and that, due to the delay, her lead counsel had been unable to argue her case.
Rule of Law
Issue
Holding and Reasoning (Ryan, J.)
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