United States v. Moreno
United States Court of Appeals for the Armed Forces
63 M.J. 129 (2006)
- Written by Salina Kennedy, JD
Facts
Corporal Javier Moreno, Jr. (defendant) was convicted of rape by general court-martial and sentenced to dishonorable discharge, six years’ confinement, total forfeiture, and reduction to lowest enlisted grade. After his release from confinement, Moreno was required to register as a sex offender. Moreno’s case experienced delays during each posttrial phase, including a 925-day delay between docketing of the case with the Navy-Marine Corps Court of Criminal Appeals and completion of briefing, due partly to Moreno’s counsel requesting numerous deadline extensions because of other caseload commitments. The Court of Criminal Appeals affirmed Moreno’s conviction and sentence in an opinion handed down 1,688 days after Moreno’s trial adjourned. Moreno appealed, arguing in part that he had been denied his due-process right to a speedy posttrial review. The Court of Appeals for the Armed Forces set aside Moreno’s conviction, finding that the military judge had erred on separate substantive grounds during trial. The court then considered Moreno’s due-process claim.
Rule of Law
Issue
Holding and Reasoning (Erdmann, J.)
Concurrence/Dissent (Crawford, J.)
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