Criminal Procedure: Appeals (2020 Update)

Details: By Georgetown University and The Georgetown Law Journal; Parent Category: Criminal Justice and Racism; Category: Post-Conviction; 24 November 2020; Hits: 15316

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Notice of Appeal. Rule 4(b) of the Federal Rules of Appellate Procedure requires a defendant to file a notice of appeal within fourteen days after “(i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government's notice of appeal.” Rule 4(b) is not jurisdictional and thus gives courts discretion to waive filing deadlines for criminal defendants. The government must file a notice of appeal within thirty days “after the later of: (i) the entry of the judgment or order being appealed; or (ii) the filing of a notice of appeal by any defendant.” A district court may extend a party's filing period for up to thirty days upon a showing of “excusable neglect or good cause.”

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Race, Racism and the Law
Vernellia R. Randall
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