University of Miami Law Review


James E. Panny


The United States Court of Appeals for the Fourth Circuit was faced with a review of a denial of a speedy trial violation claim based upon a delay of over 4 years from commencement of military proceedings to a civilian indictment. In overruling the trial court, the fourth circuit gave an in depth analysis of the "factors" deemed controlling by the United States Supreme Court in reviewing such a claim. The author concludes that, notwithstanding a finding of a violation in the principal case, the right to a speedy trial may be at the mercy of prosecutorial discretion.