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Tenth Reverses Earlier Decision on Late Filing of Notice of Appeal; Affirms Lawfulness of Truck Search

By Shari Allison

U.S. v. Mitchell, 2008 WL 542130 (2/29/08) (Published) - After getting a remand from the Supreme Court, the defendant wins the jurisdictional battle, but loses the suppression war. The 10th Circuit follows the recent holding in U.S. v. Garduno, 506 F.3d 1287 (10th Cir. 2007), that the notice-of-appeal time limit rule is a claim-processing rule, not a jurisdictional rule. So, the government, as here, can forfeit its right to enforcement of that rule, if it doesn't argue the district court wrongly granted an extension of time to appeal. After much discussion, the 10th holds that it can sua sponte raise the time limit issue. This is so because the rule serves societal and judicial administration interests, such as finality, that are not just the interests of the parties...continue to full post

Full post as published by Tenth Circuit Blog on March 04, 2008 (boomark / email).