United States Eighth Circuit

In an action against the Air Force and nineteen individuals in the district court for the District of North Dakota, claiming that plaintiff's Sixth Amendment speedy trial rights were violated in a court-martial, summary judgment for defendants is affirmed where: 1) the military court fully and fairly considered the issue of whether the charges preferred against plaintiff on February 18, 2004, were dismissed by the general court-martial convening authority on August 27, 2004; 2) even if plaintiff was correct that the military court should have included the entire period from the first preferral of charge and specifications in February 2004, to the court-martial in March 2006, in its speedy trial analysis, plaintiff still would not be entitled to relief under the Sixth Amendment for violation of his speedy trial rights.

Appellate Information

• Decided 05/07/2010
• Published 05/07/2010

Judges

• Before RILEY, Chief Judge,HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bruce Lapierre, Aaron Block, Wade Carr, Nicholas Niles, Shibani G. Shah, Stephen Winter, Reed L. Wycuff, Washington University School of Law, Kenneth Lee Marshall Bryan & Cave St. Louis, MO, for Appellant., Joseph D. Allen, Grand Forks, ND, pro se.


• For Appellees:
  
• Shon Hastings, U.S. Attorney's Office, Fargo, ND, for Appellee.