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Magistrate's Entry of Judgment Conclusive for Determining Appellate Jurisdiction

By Shari Allison

US v. Pethick, No. 06-1525, 2008 WL 152583 (10th Cir. January 17, 2008) (published):The Tenth Circuit considers whether it has jurisdiction over an appeal from a conviction for misdemeanor DUI that occurred on a military reservation in Colorado. In this case, a magistrate judge handled initial proceedings. A district judge then issued several pretrial rulings, presided over the jury trial, and denied the defendant's motion for a new trial. The district judge then became ill and unable to continue, and the defendant consented to have the judgment and sentence entered by the magistrate judge. On appeal, the defendant challenged rulings of the district court. The Tenth Circuit rejected the defendant's argument that, because he was appealing district court rulings, the COA had jurisdiction under 28 USC 1291...continue to full post

Full post as published by Tenth Circuit Blog on January 18, 2008 (boomark / email).