United States v. Rodriguez

Introduction

Today the Court reverses more than fifty years of military justice precedent and practice based on Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007), a Supreme Court case addressing the time for appeals under the federal habeas statute, 28 U.S.C. § 2107 (2000). In Bowles, the Court concluded that “the taking of an appeal within the prescribed time is ‘mandatory and jurisdictional’ ” and that 28 U.S.C. § 2107(c) prescribed such a time limit based on the text of the statute. 127 S.Ct. at 2363 (citation omitted). However, in applying Bowles to this Court’s…