Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,be based on the dismissal of the appeal itself for a minor technicality or would you cover original case?

1 Answer 1


An appeal to the Supreme Court from a dismissal of an appeal in the same case from a lower court is discretionary, not an appeal of right.

I'm not sure what you are contemplating in terms of a jurisdictional appeal. My suspicion from your second sentence is that you are getting into issues of the very arcane area of habeas corpus petitions and other prisoner's petitions which are subject to complicated statutory and case law restrictions. But, it is a bit hard to tell at this level of generality.

  • No. Not that complicated. Do I just address the appeal dismissal or do I also cover anything from the trial court case?This will sound a little crazy I'm sure... my appeal was dismissed was because they ordered me to pay a fee or file an affidavit. They took out the electronic notification system for this case after 7 cases being on it. I didn't know but had been wondering why I couldn't get into the system on this particular appeals case.Does the Clerk's Office carry any immunity from a USC 1983/85 action in federal court? I need them to have motivation to let me litigate my case.
    – Jared
    Mar 31, 2018 at 16:17
  • @Jared Clerk's are immune from liability for their conduct of their document processing duties (a clerk could be liable for, e.g., embezzling funds deposited with the court for which immunity would not apply). You may need to show an error and the existence of a viable appeal on the merits in this case, but it is still hard to tell from these thin facts.
    – ohwilleke
    Mar 31, 2018 at 17:44
  • I don't consider not setting blocking me from access as within their duties. The reason they are doing this is because I'm pro se and the counter-party, large firm,court-appointed crony stands to lose a lot. What am I saying-they lost once already. MSJ shows a tie-off after def filed the long delayed response.
    – Jared
    Apr 1, 2018 at 19:52
  • They reversed same day on my confusion and missed pre-tri conf. Set new trial 6 mons.(I was never going 2 get a real day) then dismissed a few days later. App. Ct. lends a hand too. This is a true nightmare. You saw the facts. I had the undisputed prom note.
    – Jared
    Apr 1, 2018 at 20:02

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