Parrish v. United States (24-275)

argument 24-275

Parrish v. United States

Supreme Court of the United States 53 min 8 speakers 8 chapters transcribed 1 month ago official recording ↗

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What is the “ripening” principle and how does it apply to early notice of appeal filings?

John G. Roberts 0:00

We will hear argument next in case twenty four two seven five, Parish versus United States. Ms. Rice.

Unknown 0:07

Good morning, Mr. Chief Justice, and may it please the court. Courts have long recognized that notices of appeal that are filed early take effect when an appeal clock starts running. so long as they're otherwise sufficient and no one's prejudiced. That principle is consistent with the functional approach this court takes to notices of appeal. It was applied in first tier, Lemke and Luckenbach. And no one disputes, not the Fourth Circuit, not mister Houston, not any other court to my knowledge, that it's consistent with twenty one oh seven A, which sets the notice of appeal requirement and the default deadline for filing. The Fourth Circuit was wrong to read subsection C as displacing the ripening principle and requiring a second notice in the reopening context only.

Unknown 0:56

The principle applies to notices filed after final judgment, just like it does to notices filed before. That's why courts have consistently held the notices of appeal ripen when an extension is granted under twenty one oh seven Z's first sentence. Nothing in the second sentence suggests that notices of appeal work differently for reopening. and requiring a duplicative notice of appeal would serve no conceivable purpose. I welcome the court's questions.

Clarence Thomas 1:23

So you don't think that there's a material difference between filing a notice of appeal pre m prematurely as opposed to uh too late?

Unknown 1:32

I I do think there's a difference, Justice Thomas. I think filing a notice of appeal too late, as this court held in bowls, is a jurisdictional problem. So

Clarence Thomas 1:39

why isn't this notice of appeal too late?

Unknown 1:42

The notice of appeal is certainly too late with respect to the original appeal period. If nothing else had happened, there'd be no argument that the notice of appeal was timely. But there was another appeal period that reopening was granted here and it's too early with respect to that reopening period in the same sense that a prejudgement notice of appeal is too early with respect to the original appeal period. So I

Ketanji Brown Jackson 2:04

I'm struggling with your argument and the reason is because I I'm not sure that ripening is really the best way to think about what is happening here. Uh the in my view, the notice of appeal was not actually premature, амі, і вас лейтел. Um the initial uh uh period But lateness doesn't necessarily doom your position. Because in this context we have a separate set of rules that allows for a late filed notice of appeal. to be deemed timely if certain conditions are satisfied. And I guess what I keep coming back to in my mind is what happens in district courts every day when people file late, let's say it's a motion or brief or whatever, and they have a motion for an extension of time attached to it.

Ketanji Brown Jackson 2:55

It comes in together, the motion of for extension of time and the brief they want to file late. And when the court grants the motion, the clerk dockets the brief. There's not like an extra determination that the person needs to refile the brief or it needs to come in, you know, in certain it's there already because they submitted it along with So in that situation I guess I just don't understand. Nobody thinks of it as ripening. These things arrived at the same time. Which is sort of what's happening here. The notice of appeal came in and it was construed as having a motion to reopen as a part of it, or construed as being a motion to reopen. So why do we even need ripening to get to the result that you are seeking in this case?

Unknown 3:40

I I think I agreed with just about everything you said, Justice Jackson. I don't know that the there's anything to the concept as ripe of ripening as magic words. This court used that language in first year. It also talked about the notices of appeal relating forward. But but I don't think there's anything um magic about those words. I I think the logic that you're articulating is similar to what this court said in Lemke, which is just that a premature notice of appeal is filed within the time of the But I guess