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Bowles v. Russell | 551 U.S. 205 (2007)

In a scenario like Schrödinger’s cat, can an appeal be both on time and late at the same time? In Bowles versus Russell, the United States Supreme Court solves this paradox and answers whether an appeal should be deemed untimely if it’s filed before the period set by a district court expired but after the mandatory statutory period ended.

In nineteen ninety-nine, Keith Bowles was convicted of murder. Bowles unsuccessfully appealed his conviction and sentence. In two thousand two, Bowles filed for habeas corpus relief but was denied. After the district court denied the habeas relief, Bowles was given thirty days to file a notice of appeal, but he failed to do so. After failing to file an appeal, Bowles moved to reopen the appeal period under Rule Four A Six of the Federal Rules of Appellate Procedure. This rule allows a district court to extend the filing period for an additional fourteen days. The district court granted Bowles’s motion but erroneously granted Bowles seventeen days to file his appeal. Bowles filed his appeal on the sixteenth day, which fell within the seventeen-day appeal window granted by the court, but outside the fourteen-day window set by Rule Four A Six. The court of appeals found that Bowles’s appeal was untimely, and therefore the court didn’t have jurisdiction to hear his appeal.

The United States Supreme Court granted cert.

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