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Article • December 1, 2008 • from P&J December, 2008
U.S. v. Zedner, No. 07-0149-cr (2nd Cir.) (547 F.3d 466) (October 28, 2008) (Judge Amalya Lyle Kearse) by Appeal from a conviction for attempted bank fraud is dismissed with prejudice over claims of error that: 1) in December 2006, jurisdiction of defendant's case was in the present court rather than …
Article • April 1, 2006 • from P&J April, 2006
U.S. v. Bahna, No. M 05-2537M-VBK (C.D.Cal.) (413 F.Supp.2d 1095) (December 20, 2005) (Judge Magistrate) by This is an interesting decision that contains a detailed summary of the law governing convictions for harboring a fugitive, under 18 U.S.C. § 1071. That statute provides, in relevant part that: “Whoever harbors or …
Article • June 24, 2000
Ortega-Rodriguez v. U.S., No. 91-7749 (U.S. Supreme Court) (507 U.S. 234; 113 S.Ct. 1199) (March 8, 1993) (Justice Stevens) by In this case, the Court considered certain limitations on the fugitive disentitlement doctrine, holding that, in general, a court of appeals may not dismiss an appeal based on a defendant's …
Article • April 25, 2000
Degen v. U.S., No. 95-173 (U.S. Supreme Court) (517 U.S. 820; 116 S.Ct. 1777) (June 10, 1996) (Justice Kennedy) by In this case the Court imposed limits on the use of the fugitive disentitlement doctrine, holding that a court may not strike a claimant's filings in a forfeiture suit and …
Article • July 1, 1998 • from P&J July, 1998
Parretti v. U.S., No. 95-56586 (9th Cir.) (143 F.3d 508) (May 1, 1998) (Judge Harry Pregerson) by Over the strong dissent of Judge Reinhardt, the majority held that dismissal of appeal was warranted under the fugitive disentitlement doctrine.
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Barnette, No. 95-3591 (11th Cir.) (129 F.3d 1179) (November 20, 1997) (Judge James Larry Edmondson) by Although thus case involved a civil contempt petition, it is noted for its extensive discussion of the history and purpose of the "fugitive disentitlement doctrine", which grants courts the discretion to dismiss …
Article • October 1, 1997 • from P&J October, 1997
Parretti v. U.S., No. 95-56586 (9th Cir.) (122 F.3d 758) (August 29, 1997) (Judge William A. Norris) by