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U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes)

Article • February 1, 2009 • from P&J February, 2009

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Owen, No. 07-4966-cr (2nd Cir.) (553 F.3d 161) (January 9, 2009) (Judge Jose A. Cabranes) by An appeal from a conviction for distribution and possession of marijuana and conspiracy to distribute marijuana is held in abeyance as the issues raised on defendant's Federal Rule of Criminal Procedure 33 …

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall)

Article • June 29, 2000

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Torres v. Oakland Scavenger Co., No. 86-1845 (U.S. Supreme Court) (487 U.S. 312; 108 S.Ct. 2405) (June 24, 1988) (Justice Marshall) by The issue addressed by the Court in this case was whether a federal appellate court has jurisdiction over a party who was not specified in the notice of …

Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy)

Article • June 1, 2000 • from P&J February, 1999

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Peguero v. U.S., No. 97-9217 (U.S. Supreme Court) (526 U.S. 23; 119 S.Ct. 961) (March 2, 1999) (Justice Kennedy) by At his sentencing on a drug conviction, the district court failed to advise the petitioner in this case of his right to file an appeal, as required by Fed.R.Crim.P. 32(a)(2). …

Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor)

Article • November 21, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Smith v. Barry, No. 90-7477 (U.S. Supreme Court) (502 U.S. 244; 112 S.Ct. 678) (January 14, 1992) (Justice O'Connor) by The Court also noted that "Although courts should construe Rule 3 liberally when determining whether it has been complied with, non compliance is fatal to an appeal." (Id., at 248) …

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones)

Article • September 1, 1998 • from P&J September, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Coscarelli, No. 96-20264 (5th Cir.) (149 F.3d 342) (July 30, 1998) (Judge Edith H. Jones) by After the Government alone appealed from a sentencing decision, the Court held that the defendant's failure to file a notice of appeal precluded him from receiving affirmative relief from the appellate court. …

Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Morales v. U.S., No. 96-2872, No. 1044 (2nd Cir.) (143 F.3d 94) (May 4, 1998) (Per Curiam) by Rejecting the Ninth Circuit view, the Second Circuit ruled that counsel's failure to file an appeal does not consitute per se ineffective assistance of counsel. By holding that there is no per …

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner)

Article • July 1, 1996 • from P&J July, 1996

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

Tress v. U.S., No. 95-3229 (7th Cir.) (87 F.3d 188) (June 14, 1996) (Judge Richard A. Posner) by Here the Court joined with a majority of the Circuits in holding that the failure to advise a defendant of his right to appeal in violation of old Rule 32(a)(2) [now 32(c)(5)] …

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby)

Article • January 1, 1995

Filed under: Punch And Jurists, Notice of Appeal/Appeal Rights

U.S. v. Smith, No. 93-50770 (9th Cir.) (60 F.3d 595) (July 17, 1995) (Judge Jr. William C. Canby) by Exposed! We have always known that the Bureau of Prisons works hand in hand with the Department of Justice in limiting inmates' access to the courts. It is rare when a …