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Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
Loaded on Jan. 15, 2014
published in Prison Legal News
January, 2014, page 46
The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal.Francisco Mendoza pleaded guilty to federal charges of conspiring to distribute methamphetamine in ...
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More from this issue:
- American Apartheid: Why Scandinavian Prisons Are Superior, by Doran Larson
- Sweden’s Shrinking Prison Population, by Christopher Zoukis
- From the Editor, by Paul Wright
- Mangaung and Beyond: Private Prison Exemplifies South Africa’s Criminal Justice Woes, by James Kilgore
- Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case, by David Protess
- Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside, by Derek Gilna
- Pennsylvania Woman Jailed for Failure to Pay Parking Tickets
- Controversy, Litigation and Performance Problems Plague Private Probation Services, by David Reutter
- Task Force Linked to Harsh Sentencing Laws and Private Prison Firms Disbands Following Public Scrutiny, Boycott
- East Mississippi Prison Nightmare, by Christopher Zoukis
- Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process
- Washington Defendant Improperly Denied Transcript at State Expense
- Programs Proliferate for Incarcerated Veterans
- Arizona TV Reporter Blames Prisoners for Citizens’ Lack of Healthcare
- Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, by John Dannenberg
- How Actions by Oklahoma Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock
- Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction
- Top Texas Judge Breaks the Law but Gets Special Treatment
- New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment, by Christopher Zoukis
- Director of Victims’ Rights Group Sent to Prison for Embezzlement
- Study Finds Prisoners Inappropriately Using Topical Antibiotics, by David Reutter
- Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism
- PLN Challenges Postcard-only Policy at Florida Jail
- Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons
- Unwanted Reprieve from Execution Upheld by Oregon Supreme Court, by Christopher Zoukis
- Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated
- No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand
- Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
- FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget, by David Ganim
- SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits
- Religious Diet Qualified Immunity Test Outlined by Seventh Circuit
- Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration
- Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999
- Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim, by Derek Gilna
- Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
- Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
- Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
- Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations
- Res Judicata Doesn't Bar Ohio Post-release Control Challenge
- Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside
- News in Brief
More from these topics:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, Dec. 15, 2023. U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements.
- Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, Dec. 15, 2023. U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range.