United States v. Tardif

57 M.J. 219 (2002)

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United States v. Tardif

United States Court of Appeals for the Armed Forces
57 M.J. 219 (2002)

Facts

After Sean M. Tardif (defendant) was convicted and sentenced by a general court-martial, his case was subjected to numerous posttrial delays. The most egregious was a 115-day delay between the action of the convening authority and the forwarding of the trial record to Coast Guard headquarters. The Coast Guard Court of Criminal Appeals found that the delay was unexplained and unreasonable and that it had cast a shadow of unfairness over the military-justice system. However, the court declined to grant relief because it determined that Tardif had not been prejudiced by the delay. Tardif appealed.

Rule of Law

Issue

Holding and Reasoning (Gierke, J.)

Dissent (Crawford, C.J.)

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