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Home / Opinion Digests / Criminal Law / Appeals – Untimely – First Impression – Sua Sponte Dismissal (access required)

Appeals – Untimely – First Impression – Sua Sponte Dismissal (access required)

It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his direct appeal more than three years late. This is one of the rare situations in which the court should consider invoking Fed. R. Crim. ...