No. 25-5768

Lorene Chittenden v. United States

Lower Court: Fourth Circuit
Docketed: 2025-09-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-interpretation fourth-circuit intervening-change legal-deadline restitution-statute timely-appeal
Latest Conference: 2025-11-07
Question Presented (from Petition)

In People v. Weeks 498 P. 142, 2021 CO 75, the court interpreted the restitution statute, 18-1.3-603, C.R.S. (2021). The court concluded that the restitution deadline may be extended only if, before the deadline expires, the court expressly finds good cause for doing so. It follows that neither a request for more time to determine the proposed amount of restitution nor an order granting such a request justifies extending the prosecution's deadline in subsection (2) or the court's deadline in subsection (1)(b).

The question presented is this: Should the fourth circuit ruling that Chittenden did not file a timely appeal apply since there has been an intervening change in the law recognizing an issue that was not previously available? Holland. 181 F. 3d 597, 605-06.

Question Presented (AI Summary)

Should the fourth circuit ruling that Chittenden did not file a timely appeal apply given an intervening change in law?

Docket Entries

2025-11-10
Petition DENIED.
2025-10-09
DISTRIBUTED for Conference of 11/7/2025.
2025-10-07
Waiver of United States of right to respond submitted.
2025-10-07
Waiver of right of respondent United States to respond filed.
2025-09-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 30, 2025)

Attorneys

Lorene Chittenden
Lorene Chittenden — Petitioner
United States
D. John SauerSolicitor General, Respondent