McKnight v. U.S.

1 Citing case

  1. Deloatch v. Sessoms-Deloatch

    229 A.3d 486 (D.C. 2020)   Cited 10 times
    Holding that appellants were "on the Gaytan-Garza side of the ledger"

    Hamer , 138 S. Ct. at 16. Our past precedents to the contrary—e.g. , Frain v. District of Columbia , 572 A.2d 447, 449 (D.C. 1990) ( Rule 4(a) "time limit is mandatory and jurisdictional"); McKnight v. United States , 764 A.2d 240, 241 (D.C. 2000) ( Rule 4(b) time limits "are both mandatory and jurisdictional")—are irreconcilable with intervening Supreme Court precedent and are no longer good law. It follows that in the normal case, it falls first to appellees to raise any argument that a notice of appeal is untimely under Rule 4.