No. 21-5844
James Malcolm Hale v. United States
Response WaivedIFP
Tags: appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver
Latest Conference:
2021-11-12
Question Presented (from Petition)
Whether, in a federal criminal prosecution, a defendant who has not reserved in writing his right to appellate court review of an adverse determination of a specified pretrial motion, pursuant to F. Crim. P. 11(a)(2), but who has been specifically advised of such right to appeal by the District Court itself, without objection by the government, may in fact appeal the underlying adverse determination of a pretrial motion.
Question Presented (AI Summary)
Whether a defendant may appeal an adverse pretrial motion determination despite not reserving the right in writing under Rule 11(a)(2)
Docket Entries
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-20
Waiver of right of respondent United States to respond filed.
2021-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2021)
Attorneys
James Malcolm Hale
Correy Austin Diviney — Strickland, Diviney, Segura & Byrd, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent