SMITH v. BARRY

No. 90-7477.

502 U.S. 244 (1992)

SMITH v. BARRY et al.

United States Supreme Court.

Decided January 14, 1992.


Attorney(s) appearing for the Case

Steven H. Goldblatt argued the cause and filed briefs for petitioner.

David H. Bamberger argued the cause for respondents. With him on the brief were J. Joseph Curran, Jr., Attorney General of Maryland, Evelyn O. Cannon, Richard Kastendieck, and Glenn Bell, Assistant Attorneys General, and Glen K. Allen.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, Stevens, Kennedy, Souter, and Thomas, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, p. 250.


Justice O'Connor, delivered the opinion of the Court.

Rule 3 of the Federal Rules of Appellate Procedure conditions federal appellate jurisdiction on the filing of a timely notice of appeal. In this case, we hold that a document intended to serve as an appellate brief may qualify as the notice of appeal required by Rule 3.

I

While an inmate at the Maryland State Penitentiary, petitioner William Smith filed a pro se action against two prison...

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