Gregory I. Settle v. Ralph Terry, Acting Warden

Summary

The West Virginia Supreme Court of Appeals dismissed Gregory I. Settle’s appeal from the denial of his second habeas corpus petition without prejudice and remanded the matter to the circuit court. The court held that Settle’s timely Rule 59(e) motion to alter or amend the judgment remained pending, suspending the judgment’s finality and making the appeal unripe. The court also denied Settle’s motion for appointment of appellate counsel as moot.

Holdings

1. A timely motion to alter or amend a judgment under Rule 59(e) suspends the finality of the judgment and renders it unripe for appeal until the motion is resolved.
2. The court must determine its own authority to hear an appeal, and parties cannot confer appellate jurisdiction where it is otherwise lacking.

Questions Presented

1. Whether the Supreme Court of Appeals had jurisdiction over an appeal from a habeas judgment while a timely Rule 59(e) motion to alter or amend that judgment remained pending in the circuit court.
2. Whether the appeal should be dismissed without prejudice and remanded for the circuit court to rule on the pending Rule 59(e) motion.

Disposition

dismissed