Currently Browsing:Notice of Appeal

SC Supreme Court: No Mid-Trial Appeal for the State

State v. David Ledford (No. 2016-000791) During the charge conference in Mr. Ledford’s trial for inflicting great bodily injury upon a child, there was a dispute between the parties regarding the proper jury instructions. Ledford’s proposed jury instruction included a requirement that he acted “willfully” in order for the jury to convict. Ledford explained his requested jury

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Fourth Circuit Cracks Down on Tardy Filings in Pair of Opinions

United States v. Oliver (No. 15-4376) In Oliver, the Fourth Circuit addressed the Court’s authority to dismiss a criminal appeal as untimely sua sponte. Oliver filed his appeal nearly three months after the denial of his §2255 petition, and several years after his actual conviction. The Court notes that “when the Government promptly invokes the rule [setting

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