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Sixth Circuit: Courts Must Construe Pro Se Notice of Appeal as Motion for Extension of Time to Appeal
Loaded on Aug. 1, 2020
by Dale Chappell
published in Prison Legal News
August, 2020, page 41
Filed under:
Exceptional Circumstances,
Pleading Requirements/Rules,
Timeliness of Motion.
Location:
Kentucky.
by Dale Chappell
While filing a notice of appeal on time is a mandatory, jurisdictional requirement that may not be waived or ignored, there is a provision that allows a motion for an extension of time to file the notice. The U.S. Court of Appeals for the Sixth Circuit held ...
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More from this issue:
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- Survey of 8,000 Prisoners’ Political Views Finds Surprising Results, by David Reutter
- “Collateral Consequences” of Convictions Hinder Chances of Post-Prison Success, by Dale Chappell
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- Sixth Circuit: Courts Must Construe Pro Se Notice of Appeal as Motion for Extension of Time to Appeal, by Dale Chappell
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- News in Brief
More from Dale Chappell:
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
More from these topics:
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024. Notice of Appeal/Appeal Rights, Pleading Requirements/Rules.
- Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period, Jan. 1, 2023. Discovery, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Timeliness of Motion.
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, Sept. 1, 2022. Pleading Requirements/Rules, Procedural Requirements.
- Third Circuit: Brady Claims in Habeas Petitions Timely When Filed Within One Year of Date Reason to Believe Prosecutor Violated Duty To Disclose, March 15, 2021. Evidence - Failure to Disclose, Timeliness of Motion, Exculpatory Evidence - Disclosure Obligations.
- Iqbal v. Ashcroft, No. 05-6352-cv (2nd Cir.) (574 F.3d 820) (July 28, 2009) (Per Curiam), Sept. 1, 2009. Punch And Jurists, Pleading Requirements/Rules.