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: How AppealingOn remand from the U.S. Supreme Court, the majority on a divided three-judge Tenth Circuit panel refuses to dismiss as untimely a criminal appeal filed one day too late where the federal government had failed to object to the appeal's untimeliness
In a ruling issued in September 2006, the same three-judge Tenth Circuit panel had unanimously dismissed the appeal as untimely. The different outcome on remand resulted from the Supreme Court's rulings in Bowles v. Russell, Eberhart v. United States, and Kontrick v. Ryan.
Full post as published by How Appealing on March 01, 2008 (boomark / email).
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