Jurisdictional vs appeal of right
<p>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? </p>

<p>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.</p>

<p>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.</p>

united-states constitutional-law civil-procedure jurisdiction appeal