Sixth Circuit Practice Tip: Pendent Appellate Jurisdiction

The Sixth Circuit's recent decision in Watkins v. Healy is an interesting read on its own:  Ledura Watkins was released after 42 years in prison for a murder conviction that was overturned with the help of the WMU-Cooley Innocence Project.  Watkins has now brought a 42 U.S.C. § 1983 civil rights suit against the alleged key players in his conviction, which was based on a single hair and a classmate's repeatedly recanted testimony.  But the opinion also includes some useful pointers on appellate jurisdiction. 

First, Watkins serves as a reminder:  always consider whether appellate jurisdiction exists-and do so for each issue.  Neither party contested appellate jurisdiction in their briefs.  But as Judge Moore explained, the court has an obligation to "satisfy ourselves that we have appellate jurisdiction."  Slip op. at 8.  Of course, this can be easy in the typical case where appeal follows a final judgment.  But this appeal followed the denial of a motion