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qazplm

(3,626 posts)
2. 120 days is not an absolute
Wed Feb 27, 2013, 09:21 AM
Feb 2013

rule under Rule for Court-Martial 707. It's a presumptive rule but it can be rebutted. Trials often take more than 120 days to go to trial for various reasons. I dont know the specifics of this case well enough to say whether the case should have been dismissed or not.

But generally speaking, the relief for violating the rule is dismissing WITHOUT prejudice to refile.

Article 10 is a different rule that deals with folks in pretrial confinement, and that doesn't have a set number, but the government has to show diligence. That's really the rule that would have been applied in this case.

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