Obama v. Faidel Hussein Saleh Hentif
Case Details
- Case No.: 12-5314
- Jurisdiction: District of Columbia Circuit Court of Appeals
Key Topics in the Case
Documents
Because Federal Rule of Appellate Procedure 4(a)(7) is not jurisdictional, it must be construed in favor of preserving a party’s right to appeal. Parties must have clear notice of the event that starts the clock running for filing a notice of appeal. Construing Federal Rule of Appellate Procedure 4(a)(7) as starting the time running for the filing of a notice of appeal before the decision appealed from is available to the appellant thwarts appellant’s ability to consult with his counsel and to make an informed decision whether to take an appeal.
Author(s)
Laura G. Ferguson, Timothy O’Toole and Mia P. Haessly, Miller & Chevalier Chartered, Washington, DC.
