United States v. Daly
United States Court of Appeals for the Armed Forces
69 M.J. 485 (2011)
- Written by Salina Kennedy, JD
Facts
A military judge in a trial by court-martial dismissed certain charges pending against Andrew L. Daly (defendant). Twelve days later, the United States government (plaintiff) filed a motion for reconsideration, which was denied. Three days after its motion for reconsideration was denied, the government filed a notice of interlocutory appeal. The United States Coast Guard Court of Criminal Appeals denied the appeal on its merits, and the government appealed to the United States Court of Appeals for the Armed Forces. Daly argued that the court lacked jurisdiction to hear the appeal because the government’s notice of appeal from the military judge’s ruling had not been filed within 72 hours of the ruling as required by Article 62 of the Uniform Code of Military Justice (UCMJ). The government argued that its notice of appeal had been timely because it had been filed within 72 hours of the military judge’s denial of its motion for reconsideration.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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