Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more
The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more
Thirty years ago, Justice Scalia famously described the Supreme Court’s Lemon test as “some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and...more
On November 8, 2017, the Supreme Court issued an unanimous opinion in Hamer v. Neighborhood Housing Services of Chicago, Case No. 16-658, clarifying that an appeal filing deadline prescribed by statute is “jurisdictional,”...more
Is a rule of appellate procedure limiting the length of an extension for filing a notice of appeal jurisdictional? That was the question decided by the Supreme Court in Hamer v. Neighborhood Housing Services of Chicago, in...more
In a unanimous decision, the U.S. Supreme Court ruled today that a federal procedural rule that allows a district court to extend an appeal deadline by no more than 30 days is a non-jurisdictional, mandatory claims processing...more
Nelson v. Colorado, No. 15-1256: In two separate cases from Colorado State Court, petitioners Shannon Nelson and Louis Alonzo Madden were convicted of sexual assault-related crimes, and were ordered to pay costs, fees, and...more
When a district court issues an order extending a filing deadline, it is usually safe to assume that your client will not be prejudiced as long as you file within the period ordered by the court...more