U.S. v. LaBella, 75 M.J. 52

First Principles: Jurisdiction: Generally

1. federal courts are courts of limited jurisdiction; they possess only that power authorized by Constitution and statute; every federal appellate court has a special obligation to satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review; the burden to establish jurisdiction rests with the party invoking the court’s jurisdiction

First Principles: Jurisdiction: Of U.S. Court of Appeals for the Armed Forces

1. an appellant must file his petition for review at the CAAF within sixty days from the date he is notified of the decision of the CCA, or the date on which a copy of that decision, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first class certified mail to the accused, whichever is earlier; if during that sixty-day period, an appellant files a motion for reconsideration at the CCA, there is no CCA decision for the CAAF to review; in such a case, the sixty-day statutory filing period at the CAAF begins to run anew, following the CCA's disposition of the motion; in this case, where appellant failed to file either a petition for review at the CAAF or a petition for reconsideration at the CCA within the statutory filing period, his conviction became final as to the legality of the proceedings at the end of the sixty-day filing period; therefore, the CCA lacked jurisdiction to grant appellant's petition for reconsideration out of time and, consequently, the CAAF lacked jurisdiction to consider appellant's petition for review

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. an appellant must file his petition for review at the CAAF within sixty days from the date he is notified of the decision of the CCA, or the date on which a copy of that decision, after being served on appellate counsel of record for the accused (if any), is deposited in the United States mails for delivery by first class certified mail to the accused, whichever is earlier; if during that sixty-day period, an appellant files a motion for reconsideration at the CCA, there is no CCA decision for the CAAF to review; in such a case, the sixty-day statutory filing period at the CAAF begins to run anew, following the CCA's disposition of the motion; in this case, where appellant failed to file either a petition for review at the CAAF or a petition for reconsideration at the CCA within the statutory filing period, his conviction became final as to the legality of the proceedings at the end of the sixty-day filing period; therefore, the CCA lacked jurisdiction to grant appellant's petition for reconsideration out of time and, consequently, the CAAF lacked jurisdiction to consider appellant's petition for review

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

1. the burden to establish jurisdiction rests with the party invoking the court’s jurisdiction