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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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i am following up my questions to DCrane law any update

Resolved Question:

i am following up my questions to DCrane law?

any update ?
Submitted: 4 years ago.
Category: Legal
Expert:  socrateaser replied 4 years ago.

Hi.

 

DCrane does not appear to be online at the moment. However, I may as well tell you that his previous answer to you concerning your interlocutory appeal is incorrect, in my opinion.

 

The following statement of law, from United States v. Becker, 929 F.2d 442 (9th Cir. 03/29/1991), on the issue of an interlocutory appeal of a denial of a motion to suppress is the current precedent in the Ninth Circuit:

 

  • "As a general rule, an order by a district court denying or granting a motion to suppress is not an appealable final order under 28 U.S.C. § 1291. Such an order is 'but a step in the criminal case preliminary to a trial thereof,' and is thus interlocutory." People of the Territory of Guam v. Mafnas, 721 F.2d 683, 685 (9th Cir. 1983) (quoting DiBella v. United States, 369 U.S. 121, 131, 7 L. Ed. 2d 614,XXXXX 654 (1962)). See DeMassa v. Nunez, 747 F.2d 1283, 1286 (9th Cir. 1984); In re Search Warrants (Executed on January 23, 1983), 750 F.2d 664, 666-68 (8th Cir. 1984).

Note: I don't know why DCrane answered you as he/she did. However, I decided to answer you here, because as this is apparently a criminal law matter, and as your liberty interests may be in jeopardy, I don't want you confused about your rights.

 

Just in case you decide you need a lawyer, for a criminal defense attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=CA.

 

Hope this helps.

 

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Edited by socrateaser on 5/1/2010 at 3:35 AM EST
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34087
Experience: Retired (mostly)
socrateaser and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Hi Socrateaser

 

in due respect to DCrane his original answer was he said YES, i can appeal the district court order. And that seems to be the conclusion on US v Becker

 

I may have confused you on my follow up question that the US atty was saying I cannot make an interlocutory appeal.

 

Please clarify, can I or I cannot file an appeal on the district court order?

Expert:  socrateaser replied 4 years ago.

Only the U.S. Government can make an interlocutory appeal from a suppression motion favoring the defendant. The defendant cannot appeal. 18 U.S.C. § 3731.



Edited by socrateaser on 5/1/2010 at 4:26 AM EST
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34087
Experience: Retired (mostly)
socrateaser and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Question

 

After the district judge overruled my motion to suppress - i do not feel comfortable with him anymore what are my options?

Expert:  socrateaser replied 4 years ago.
Per website policy, to receive an answer to your question, you will have to open a new question on the justanswer.com homepage. If you would like me to answer the new question, you may request my assistance by prefacing your question with my userid: “To Socrateaser....”
Customer: replied 4 years ago.

To Socrateaser

 

After the district judge overruled my motion to suppress I do not feel comfortable with him anymore, what are my options?

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