Whether the appellate court has jurisdiction to hear an appeal arises more often than a lot of people might think. The issue is critical, and thus rule 28(a)(4), Federal Rules of Appellate Procedure, requires that the appellant’s opening brief set forth the facts and law that establish appellate jurisdiction, including the alternate basis for appellate [...]
Appellate Attorney Greg May on Practice and Legal Developments in the Nation's Largest Federal Circuit
Category Archives: Appellate Jurisdiction
Creativity fails to save appeal from dismissal for lack of jurisdiction
When is a petition for writ of habeas corpus not a petition for writ of habeas corpus? Well, under the circumstances of Jeffredo v. Macarro, case no. 08-55037 (9th Cir. Dec. 22, 2009), for one:
The Pechanga Band of the Luiseño Mission Indians (“Pechanga Tribe”) disenrolled a number of its members (“Appellants”) for failing to prove [...]
