U.S. v. Daly, 69 M.J. 485

First Principles: Jurisdiction: Generally

1. a question of jurisdiction is not subject to waiver and may be raised at any time
2. federal courts are courts of limited jurisdiction; they possess only that power authorized by Constitution and statute

First Principles: Jurisdiction: Of Courts of Criminal Appeals

1. where the government’s notice of appeal under Article 62 was not timely filed, the CCA was without jurisdiction to consider the government’s appeal

Trial Stages: Writs and Interlocutory Appeals: Article 62 Appeal

1. under Article 62, UCMJ, the United States may appeal an order or ruling of a military judge that terminates the proceedings with respect to a charge or specification; an appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling
2. where the government failed to file either a motion for reconsideration of the order to dismiss or a notice of appeal within the 72 hour period for government appeals authorized in Article 62(a)(2), but instead took 12 days to finalize and submit a brief to the military judge asking for reconsideration of the order to dismiss, the government’s action was untimely under the explicit limitation of Article 62
3. where the government’s notice of appeal under Article 62 was not timely filed, the CCA was without jurisdiction to consider the government’s appeal

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. jurisdiction is a question of law that an appellate court reviews de novo

Trial Stages: Appeals: Waiver

1. a question of jurisdiction is not subject to waiver and may be raised at any time