Supreme Court of the United States · Official docket →
Donte Parrish v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1766 · judgment July 17, 2023
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Ordinarily, litigants must file a notice of appeal within 30 or 60 days of an adverse judgment. 28 U.S.C. § 2107(a)-(b). Under 28 U.S.C. § 2107(c) and Fed. R. App. P. 4(a)(6), however, district courts can reopen an expired appeal period when a party did not receive timely notice of the judgment. The Courts of Appeals have divided about whether a notice of appeal filed after the expiration of the ordinary appeal period but before the appeal period is reopened becomes effective once reopening is granted. The Question Presented is whether a litigant who files a notice of appeal after the ordinary appeal period expires must file a second, duplicative notice after the appeal period is reopened MICHAEL R. HUSTON, ESQUIRE, OF WASHINGTON, D. C., IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW.
Counsel of record
For petitioner
Amanda Kelly Rice
Jones Day
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 merits
(4 respondent)
Argument & decision
Argued April 21, 2025 — Amanda Rice · Aimee Brown · Michael R. Huston. Audio and transcript
Decided June 12, 2025. Opinion by Sotomayor.
Proceedings
- Aug 05 2025Record returned to the United States District Court for the Northern District of West Virginia.
- Jul 14 2025Judgment Issued.
- Jun 12 2025Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Gorsuch, J., filed a dissenting opinion.
- Apr 21 2025Argued. For petitioner: Amanda Rice, Detroit, Mich. For respondent in support of petitioner: Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael R. Huston, Phoenix, Ariz.
- Apr 11 2025Reply of respondent United States in support of petitioner filed. (Distributed)
- Apr 11 2025Reply of petitioner Donte Parrish filed. (Distributed)
- Apr 07 2025Motion for divided argument filed by the Acting Solicitor General GRANTED.
- Mar 28 2025Brief of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
- Mar 20 2025Motion for divided argument filed by the Acting Solicitor General.
- Mar 19 2025CIRCULATED
- Mar 10 2025Sealed material received from the United States District Court for the Northern District of West Virginia and available with the Clerk (one envelope). The remainder of the record is available on PACER.
- Mar 05 2025Brief amicus curiae of University of Illinois Chicago School of Law - Pro Bono Litigation Clinic filed.
- Mar 05 2025Brief amici curiae of Roderick & Solange MacArthur Justice Center, et al. filed.
- Mar 05 2025Brief amicus curiae of Bryan Lammon filed.
- Mar 05 2025Brief amici curiae of Center for Constitutional Rights, et al. filed.
- Feb 26 2025Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
- Feb 26 2025Brief of respondent United States in support of petitioner filed.
- Feb 26 2025Brief of petitioner Donte Parrish filed.
- Feb 25 2025Record requested from the United States Court of Appeals for the Fourth Circuit.
- Feb 24 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Feb 24 2025SET FOR ARGUMENT on Monday, April 21, 2025.
- Feb 10 2025Motion to dispense with printing the joint appendix filed by petitioner Donte Parrish.
- Jan 28 2025Michael R. Huston, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
- Jan 17 2025Petition GRANTED.
- Jan 13 2025DISTRIBUTED for Conference of 1/17/2025.
- Dec 04 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 04 2024Reply of petitioner Donte Parrish filed. (Distributed)
- Nov 14 2024Brief of respondent United States in opposition filed.
- Oct 11 2024Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2024.
- Oct 10 2024Motion to extend the time to file a response from October 15, 2024 to November 14, 2024, submitted to The Clerk.
- Sep 09 2024Petition for a writ of certiorari filed. (Response due October 15, 2024)