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  • United States v. Dennis Lloyd Pardee, 356 F.2d 982, 4th Cir. (1966)

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    The United States filed a motion to dismiss the first of two notices of appeal filed by the defendant in a criminal case. The defendant filed one notice of appeal after motions for a new trial and judgment of acquittal were denied, and another notice within 10 days of final judgment and sentencing as allowed by the rules. The court granted the motion to dismiss the first notice of appeal as it was premature since no final judgment had been entered yet. The second notice of appeal after final judgment was sufficient to raise all issues from the trial, so the appeal would proceed based on that notice.

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    Filed: 1966-02-10 Precedential Status: Precedential Citations: 356 F.2d 982 Docket: 10314

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    The United States filed a motion to dismiss the first of two notices of appeal filed by the defendant in a criminal case. The defendant filed one notice of appeal after motions for a new trial and judgment of acquittal were denied, and another notice within 10 days of final judgment and sentencing as allowed by the rules. The court granted the motion to dismiss the first notice of appeal as it was premature since no final judgment had been entered yet. The second notice of appeal after final judgment was sufficient to raise all issues from the trial, so the appeal would proceed based on that notice.

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    United States v. Dennis Lloyd Pardee, 356 F.2d 982, 4th Cir. (1966)

    Uploaded by

    Scribd Government Docs
    The United States filed a motion to dismiss the first of two notices of appeal filed by the defendant in a criminal case. The defendant filed one notice of appeal after motions for a new trial and judgment of acquittal were denied, and another notice within 10 days of final judgment and sentencing as allowed by the rules. The court granted the motion to dismiss the first notice of appeal as it was premature since no final judgment had been entered yet. The second notice of appeal after final judgment was sufficient to raise all issues from the trial, so the appeal would proceed based on that notice.

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    of 1

    356 F.

    2d 982

    UNITED STATES of America, Appellee,


    v.
    Dennis Lloyd PARDEE, Appellant.
    No. 10314.

    United States Court of Appeals Fourth Circuit.


    Argued February 8, 1966.
    Decided February 10, 1966.

    Arthur G. Murphy, Asst. U. S. Atty., in support of motion of appellee to


    dismiss appeal.
    Anthony J. Sacco, Towson, Md., in opposition to motion, for the
    appellant.
    Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN,
    Circuit Judges.
    PER CURIAM:

    Out of an excess of caution counsel for the defendant noted two appeals to this
    court one at the time of trial upon the overruling of his motions for new trial
    and judgment of acquittal, and the other within ten days after the imposition of
    sentence and the entry of final judgment, as provided in Rule 37(a)(2)
    F.R.Crim. P.

    The proliferation of notices of appeal is to be discouraged. The first notice of


    appeal was premature, no appealable final judgment having been entered. The
    second notice of appeal, given after final judgment, is sufficient to raise every
    question arising from the trial. The motion of the United States for dismissal of
    the first notice will be granted, and the appeal will proceed pursuant to the
    second notice.

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