How do we review orders denying leave to file late notice of appeal for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Darling, 15-3877-cr, 15-4178-cr (2nd Cir. 2017):

We review orders denying leave to file a late notice of appeal for abuse of discretion. United States v. Walls, 163 F.3d 146, 147 (2d Cir. 1998). "Such an order cannot be set aside by a reviewing court unless it has a definite and firm conviction

Page 3

Other Questions


What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
Does a notice of appeal by a party seeking to appeal an order closing the case constitute an appeal from all prior orders? (MultiRegion, United States of America)
Is a judge's decision not to order discovery review reviewed for abuse of discretion? (MultiRegion, United States of America)
Is a federal court's order denying intervention reviewed for abuse of discretion? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Can a district court's decision to deny leave to amend be reviewed under the abuse of the abuse standard? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
Does the district court abuse its discretion in denying plaintiffs leave to file a fourth amended complaint in order to reinstate an unjust enrichment claim? (MultiRegion, United States of America)
Is a motion for an extension of time to file a notice of appeal reviewed for abuse of discretion? (federal, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.