Monday, April 3, 2017

Requirements for federal notices of appeal

Who Are You album cover.JPGA notice of appeal in federal court is a simple document, but it does have minimal requirements. It must be timely. It must name the court to which the appeal is taken. It must identify the order or judgment being appealed. And, it must clearly identify the appellant.
But what about the appellees? Must it clearly identify them? Well, in West v. United States, today Judge Kozinski makes clear that "failing to name an appellee in an NOA is not a bar to an appeal." Judge O'Scannlain has a partially concurring and dissenting opinion.



Also from the 9th today, this interesting line (and footnote referencing the O.J. case and the Scopes "Monkey" trial) from Judge Gould here:
But the long course of American justice shows that sometimes representation by multiple attorneys is key to a robust defense.