In Daly, a military judge dismissed a charge and its supporting specifications. The government neither sought reconsideration nor filed a notice of appeal within 72 hours. Instead, it waited 12 days to ask the military judge to reconsider. When that motion was denied, the government then filed a notice of appeal within 72 hours. Too late, CAAF ruled today in a short per curiam opinion. United States v. Daly, __ M.J. ___, No. 10-6010 (C.A.A.F. March 28, 2011) (per curiam).
The Government failed to file either a motion for reconsideration of the order to dismiss or a notice of appeal within the seventy-two-hour period of government appeals authorized in Article 62(a)(2). Instead, the Government took twelve 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.
Id., slip op. at 4.