It is always good to file or submit petitions and pleadings on time. Sometimes the due date can be complicated.
Let’s say your due date falls on a Sunday? A federal holiday? Or??? Here is a thought from friend and colleague Dew Process.
CAAF, in its decision in United States v. Rodriguez, 67 M.J. 110 (CAAF), cert. denied 558 U.S. 969 (2009). The majority in Rodriguez held that the 60 day time-limit in Article 67(b), UCMJ, was jurisdictional and rejected the long-standing precedent of this Court essentially adopting the “equitable tolling” principle. The Rodriguez majority based its decision on Bowles v. Russell, 551 U.S. 205 (2007), a federal civil appeal in a habeas corpus action.