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Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen
by Douglas Ankney
The U.S. Court of Appeals for the Sixth Circuit held that an untimely notice of appeal (“NOA”) that provides a reason for the tardiness may serve as a motion to reopen and as a request for certificate of appealability (“COA”).
After Da’Rell Anton Winters’ …
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More from this issue:
- Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
- Cellular Roaming’s Inadequate Security, by Michael Thompson
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
- De-Identified Is Not Anonymous, by Michael Thompson
- The Police Have a Dark Money Slush Fund, by Katya Schwenk
- Police Body Cameras, A Decade Later, by Anthony Accurso
- Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
- More Facial Recognition Failures, by Michael Thompson
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
- Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, by Douglas Ankney
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, by Jo Ellen Nott
- The Death of the Savings Clause, by Dale Chappell
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
- First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
- Facial Recognition’s Distorted View, by Michael Thompson
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, by Douglas Ankney
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, by Douglas Ankney
- Robotic Police Dogs Being Adopted Across the Country, by Michael Thompson
- Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence, by Sam Rutherford
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, by Douglas Ankney
- Googling Your Privacy, by Michael Thompson
- News in Brief
More from Douglas Ankney:
- The Dramatic Increase in the Elderly Prison Population Is Fiscally and Morally Irresponsible, Oct. 1, 2026
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026
- California Supreme Court Announces Totality-of-Circumstances Framework Focused on Defendant’s Subjective Understanding Under § 1473.7(a)(1), Holding Immigration Consequences Advisement Is Relevant but Not Dispositive, Oct. 1, 2026
- Idaho Supreme Court Holds Conflicting Affidavits About Plea Acceptance Require Evidentiary Hearing on Ineffective-Assistance Claim, Oct. 1, 2026
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, Sept. 1, 2026
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, Sept. 1, 2026
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026
- Federal Court Upholds Consultants’ Finding that Oklahoma Is Not Honoring Its Consent Decree to Provide Mental Health Treatment, Sept. 1, 2026
- Idaho Legislature Moves to Hide Execution Protocol from Judicial Scrutiny, Sept. 1, 2026
More from these topics:
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
- Seventh Circuit Allows Wisconsin Prisoner to Amend Inartfully Pleaded Pro Se Complaint, Sept. 1, 2022. Pleading Requirements/Rules, Procedural Requirements.
- Sixth Circuit: Courts Must Construe Pro Se Notice of Appeal as Motion for Extension of Time to Appeal, Aug. 1, 2020. Exceptional Circumstances, Pleading Requirements/Rules, Timeliness of Motion.
- 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.
- U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes), Feb. 1, 2009. Punch And Jurists, Notice of Appeal/Appeal Rights.
- Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall), June 29, 2000. Punch And Jurists, Notice of Appeal/Appeal Rights.
- Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy), June 1, 2000. Punch And Jurists, Notice of Appeal/Appeal Rights.
- Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor), Nov. 21, 1998. Punch And Jurists, Notice of Appeal/Appeal Rights.
- U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones), Sept. 1, 1998. Punch And Jurists, Notice of Appeal/Appeal Rights.
- Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam), July 1, 1998. Punch And Jurists, Notice of Appeal/Appeal Rights.
