June 27th, 2026

6/27/2026

Thursday, June 25, 2026
Order Granting Petition for Review

No. 26-0179/NA. U.S. v. Brian J. Sumpter. CCA 202400329. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following assigned issue:

Whether this Court should overturn its decision in United States v. Rodriguez, 67 M.J. 110 (C.A.A.F. 2009), considering the Supreme Court's decision in Harrow v. Dept. of Defense, 601 U.S. 480 (2024), and hold the sixty-day deadline to appeal a Court of Criminal Appeals' decision is not jurisdictional.

Appellant will file a brief on or before 15 July, 2026; Appellee will file an answer brief no later than 21 days after the filing of Appellant's brief; and Appellant may file a reply brief no later than 7 days after the filing of Appellee's answer brief.

The Court reserves judgment on whether it will grant, deny, or dismiss assigned issue II.

1 Comment

Rodriguez was egregiously wrong

6/28/2026 21:39:54

Rodriguez was egregiously wrong the day it was decided. The majority opinion flippantly disregards the natural meaning of "may" in Article 67(b) and replaces it with a ludicrous meaning (that the choice to appeal is the appellant's as though Congress could force appellants to appeal against their will, ignoring the waiver provisions of Article 61 and the language of Article 66 for automatic appeals).

That's not all. Harrow v. Dept. of Defense is not the first case since 2009 to address a similar issue of timeliness of appeal where the Supreme Court did not view the limitation as jurisdictional. Boechler, P.C. v. Comm'r, 596 U.S. 199 (2022) and Arbaugh v. Y&H Corp., 546 U.S. 500 (2006). The supreme court has noted, "the Government must clear a high bar to establish that a statute of limitations is jurisdictional. In recent years, we have repeatedly held that procedural rules, including time bars, cabin a court’s power only if Congress has 'clearly state[d]' as much. United States v. Kwai Fun Wong, 575 U.S. 402, 409 (2015) (listing cases).

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June 27th, 2026

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