Obama v. Faidel Hussein Saleh Hentif

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in support of appellant.

Brief filed: 04/30/2013

Documents

Obama v. Faidel Hussein Saleh Hentif

District of Columbia Circuit Court of Appeals; Case No. 12-5314

Argument(s)

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.

Coronavirus Resources

NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency

Learn More

Author(s)

Laura G. Ferguson, Timothy O’Toole and Mia P. Haessly, Miller & Chevalier Chartered, Washington, DC.