Tyrone K. Harris v. United States, 170 F.3d 607 (6th Cir. 1999). · Go Syfert
Tyrone K. Harris v. United States, 170 F.3d 607 (6th Cir. 1999). Cases Citing This Book View Copy Cite
12 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Kline v. Mortgage Electronic Registration Systems, Inc. (ca6, 2017-08-01)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Kline v. Mortgage Electronic Registration Systems, Inc.
6th Cir. · 2017 · confidence medium
JGR, Inc. v. Thomasville Furniture Indus., Inc., 550 F.3d 529, 532 (6th Cir. 2008) (citing Smith v. Barry, 502 U.S. 244, 248 , 112 S.Ct. 678 , 116 L.Ed.2d 678 (1992)). “[A] notice of appeal that names only a post-judgment decision may extend to the judgment itself if it can be reasonably inferred from the notice of appeal that the intent of the appellant was to appeal from the final judgment and it also appears that the appellee has not been misled.” United States v. Grenier, 513 F.3d 632, 635 (6th Cir. 2008) (quoting Harris v. United States, 170 F.3d 607, 608 (6th Cir. 1999)).
discussed Cited as authority (rule) United States v. Lester Terrell
6th Cir. · 2009 · confidence medium
Furthermore, while generally “the failure [of a party] to designate [in a notice of appeal] the judgment, order, or part thereof being appealed” strips this court of jurisdiction over the appeal, Glover, 242 F.3d at 336-37 (internal quotation marks omitted), we have held that “ ‘a notice of appeal that names only a post-judgment decision may extend to the judgment itself if it can be reasonably inferred from the notice of appeal that the intent of the appellant was to appeal from the final judgment and it also appears that the appellee has not been misled,’ ” United States v. Greni…
discussed Cited as authority (rule) Dennis Verhoff v. Time Warner Cable Inc.
6th Cir. · 2008 · confidence medium
This argument fails because “a notice of appeal that names only a post-judgment decision may extend to the judgment itself if it can be reasonably inferred from the notice of appeal that the intent of the appellant was to appeal from the final judgment and it also appears that the appellee has not been misled.” United States v. Grenier, 513 F.3d 632, 635 (6th Cir.2008) (internal quotations omitted) (citing Harris v. United States, 170 F.3d 607, 608 (6th Cir.1999)).
discussed Cited as authority (rule) United States v. Grenier
6th Cir. · 2008 · confidence medium
No. 06-4473 United States v. Grenier Page 3 appears that the appellee has not been misled.” Harris v. United States, 170 F.3d 607, 608 (6th Cir. 1999) (internal quotation marks omitted) (quoting Peabody Coal Co. v. Local Union Nos. 1734, 1508 and 1548, 484 F.2d 78, 81 (6th Cir. 1973)).
discussed Cited as authority (rule) United States v. Grenier
6th Cir. · 2008 · confidence medium
(Def.’s Br. 11.) However, Defendants’ argument is merit-less since this Circuit’s precedent clearly establishes that “a notice of appeal that names only a post-judgment decision may extend to the judgment itself if it can be reasonably inferred from the notice of appeal that the intent of the appellant was to appeal from the final judgment and it also appears that the appellee has not been misled.” Harris v. United States, 170 F.3d 607, 608 (6th Cir.1999) (internal quotation marks omitted) (quoting Peabody Coal Co. v. Local Union Nos. 1734, 1508 and 1548, 484 F.2d 78, 81 (6th Cir.197…
cited Cited "see" Harris v. United States
6th Cir. · 2000 · signal: see · confidence high
See Harris v. United States, 170 F.3d 607, 608 (6th Cir. 1999).
cited Cited "see" Tyrone K. Harris v. United States
6th Cir. · 2000 · signal: see · confidence high
See Harris v. United States, 170 F.3d 607, 608 (6th Cir.1999).
Retrieving the full opinion text from the archive…
Tyrone K. HARRIS, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
97-4309.
Court of Appeals for the Sixth Circuit.
Mar 17, 1999.
170 F.3d 607
1999 U.S. App. LEXIS 4200
1999 WL 140528
Melynda W. Cook (briefed), Sehad, Buda-& Cook LLC, Cincinnati, OH, for Petitioner-Appellant., Gary L. Spartis (briefed), Office of U.S. Attorney, Columbus, OH, for Respondent-Appellee.
Merritt, Daughtrey, Farris.
Cited by 9 opinions  |  Published

OPINION

MERRITT, Circuit Judge.

In the instant § 2255 case, the petitioner timely filed on November 5, 1997, a notice of appeal from the District Court’s October 23, 1997, partial denial of a certificate of appeala-bility. The petitioner did not file a separate notice of appeal from the District Court’s September 23, 1997, order denying the § 2255 petition on the merits. The question before us is whether such a notice of appeal, referring only to the certificate, is sufficient to appeal the underlying judgment denying the § 2255 petition. We find that it is.

Rule 3(e) of the Federal Rules of Appellate Procedure requires a notice of appeal to designate the parties appealing, the judgment or order appealed from and the court of appeal. The Supreme Court has recognized, however, that “[cjourts will liberally construe the requirements of Rule 3.” Smith v. Barry, 502 U.S. 244, 248, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992); see also McMillan v. Barksdale, 823 F.2d 981, 983 (6th Cir.1987) (“Although Rule 3(c) does suggest a form to be followed, there is no magic document called a Notice of Appeal.”). In particular, the courts have held that a notice of appeal naming a post-judgment decision may serve as a functional equivalent of an appeal of the judgment itself. See, e.g., Boburka v. Adcock, 979 F.2d 424, 426 (6th Cir.1992) (holding that an appeal of a post-judgment order denying motion for a new trial should be treated as an appeal of the underlying judgment). In Peabody Coal Co. v. Local 1734, United Mine Workers, 484 F.2d 78, 81-82 (6th Cir.1973), we held that a notice of appeal that names only a post-judgment decision may extend to the judgment itself if “it can be reasonably inferred from the notice of appeal that the intent of the appellant was to appeal from the final judgment [and] it also appears that the appellee has not been misled.” In Peabody, the appellant’s notice of appeal named only the district court’s denial of a motion to reconsider the court’s judgment.

In this case, the petitioner has similarly appealed a post-judgment decision, ie., the District Court’s partial denial of the certificate of appealability. The petitioner had the intent, however, to appeal the District Court’s final judgment, and there is no indication that the Government suffered any prejudice from the petitioner’s notice of appeal. The petitioner’s intent to appeal the § 2255 judgment is clearly evidenced from the petitioner’s request for the certificate of appealability. The certificate itself is nothing more than a prerequisite to the appeal of the underlying § 2255 judgment. See 28 U.S.C. § 2253(c)(1)(B). Moreover, there is no evidence that the Government has suffered prejudice from the petitioner’s notice of appeal. The Government did not even raise a jurisdictional objection to the petitioner’s appeal until the court sua sponte ordered the matter briefed. We thus find that the November 5th notice of appeal is sufficient to confer jurisdiction over the § 2255 judgment even though it only referred to the District Court’s partial denial of the certificate of appealability.