No. 18-5374

Adrian Demond Hyman v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-system appellate-procedure claim-processing-rule claim-processing-rules criminal-appeal equitable-exception equitable-exceptions federal-rules-of-appellate-procedure jurisdictional-deadline jurisdictional-deadlines non-jurisdictional-deadline non-jurisdictional-rule sentencing sixth-amendment
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Whether an appellate court acts without authority when it enforces the non-jurisdictional deadline for a direct criminal appeal under Fed. R. App. P. 4(b) with the harsh consequences this Court has only allowed jurisdictional rules, particularly in the context of the interests at stake in a challenge to an unlawful criminal sentence, authorized by 18 U.S.C. § 3742.

2. Whether non-jurisdictional rules, such as Fed. R. App. P. 4(b), are subject to equitable exceptions and whether equitable considerations should excuse the missed deadline of an indigent defendant, unrepresented by counsel, in this case.

Question Presented (AI Summary)

Whether an appellate court acts without authority when it enforces the non-jurisdictional deadline for a direct criminal appeal under Fed. R. App. P. 4(b) with the harsh consequences this Court has only allowed jurisdictional rules, particularly in the context of the interests at stake in a challenge to an unlawful criminal sentence, authorized by 18 U.S.C. § 3742

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)
2018-05-18
Application (17A1261) granted by The Chief Justice extending the time to file until July 23, 2018.
2018-05-08
Application (17A1261) to extend the time to file a petition for a writ of certiorari from June 7, 2018 to July 23, 2018, submitted to The Chief Justice.

Attorneys

Adrian Hyman
Sarah Powell — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent