Supreme Court wrestles with whether early notices of appeal "ripen" after reopening in Parrish case

The Supreme Court heard argument in Parrish v. United States (No. 24275) on whether a notice of appeal filed before a district court grants a motion to reopen the time for appeal can "ripen" or be treated as timely once the court reopens the appeal period under subsection 21 0 7(c).

The question presented asks whether a litigant who files a notice of appeal at the same time as (or in lieu of) a motion to reopen the appeal period must file a second, post-reopening notice, or whether the early filing can be deemed effective when the reopening order is entered. Miss Rice, counsel for the petitioner, argued 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."

The issue matters because the circuits are divided.…