Is Defendant's Notice of Appeal deemed filed when it is postmarked?
MultiRegion, United States of America
The following excerpt is from United States v. Manzo, CASE NO. 16cr638-LAB-1, CASE NO. 17cv619-LAB (S.D. Cal. 2017):
1. The notice of appeal was submitted for filing on May 30 and is postmarked June 30. Because Defendant is proceeding pro se, he has the benefit of the "prisoner mailbox rule," under which a pro se prisoner's notice of appeal is deemed filed when he hands it to prison officials for mailing. See Houston v. Lack, 487 U.S. 266, 276 (1988).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a defendant to successfully appeal against his conviction for failing to file a notice of appeal? (MultiRegion, United States of America)
What is the relevant jurisdiction for a motion of appeal against a judgment of conviction for sexual assault against a defendant who filed his notice of appeal pro se? (MultiRegion, United States of America)
Can a state prisoner seek review of an adverse lower court decision by filing a notice of appeal instead of filing a petition to the Court of Appeal? (MultiRegion, United States of America)
Is there a difference in the sentencing range between a non-appealing co-defendant and an appealing defendant? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (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)
Does a judge have jurisdiction to hear a notice of appeal filed by defendants? (MultiRegion, United States of America)
Does the sentencing of a defendant have to be amended or amended after the sentencing hearing held prior to the filing of a notice of appeal? (MultiRegion, United States of America)
