United States v. Daly
2011 CAAF LEXIS 250
| C.A.A.F. | 2011Background
- US v. Daly (Coast Guard) concerns a charge under Article 134 UCMJ for romantic relationships with subordinates; the regulation at issue indicated administrative, not criminal, sanctioning.
- The military judge dismissed the charge on March 5, 2010, finding no due process fair notice that conduct was criminal.”
- Government sought reconsideration March 17, 2010; motion denied March 26, 2010; government filed notice of appeal March 29, 2010.
- CCA denied the appeal on the merits; three issues certified to this Court by the Acting JAG of the Coast Guard.
- Appellee later challenged this Court’s jurisdiction, arguing untimely filing of the Article 62 appeal; this Court ordered show cause on November 18, 2010.
- Court held the Government’s appeal was untimely under Article 62(a)(2); thus this Court lacked jurisdiction and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the Article 62 appeal | Government contends timely within 72 hours after denial | Daly argues untimely since no timely motion or notice within 72 hours | Untimely; lack of jurisdiction; dismissal of the appeal |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (1994) (federal courts have limited jurisdiction; authority limits must be satisfied)
- United States v. Davis, 63 M.J. 171 (C.A.A.F. 2006) (jurisdictional questions reviewed de novo)
- United States v. Long, 5 C.M.A. 572, 18 C.M.R. 196 (1955) (timeliness and exhaustion of appellate remedies under military procedure)