Marc Anthony Bell v. Larry Mizell and Roland W. Burris

The notice of appeal was filed 43 days after judgment had been entered, the appellant’s court-appointed counsel having erroneously believed that the 30-day period for appealing the denial of a petition for habeas corpus ran from the issuance of the certificate of probable cause for appeal, which the district judge issued to permit the petitioner to appeal. 28 U.S.C. § 2253; Fed.R.App.P. 4(a)(1). The 30-day period having run, it was too late for the district judge to extend the time for appealing. Fed.R.App.P. 4(a)(5).

Nevertheless, the appeal is timely. The reason is that the application for…