[DOWNLOAD] "Gann v. Smith" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Gann v. Smith
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 19, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

In addition to defending an appeal from the grant of a writ of habeas corpus on the merits, D.C., 318 F. Supp. 409, the petitioner-appellee
moves this court to dismiss the appeal on the grounds that the trial court erroneously extended the time to file a notice
of appeal in this case. We agree that no showing which would support excusable neglect was made and that the appeal should
be dismissed. The undisputed facts disclose that during the normal 30-day period of time for notice of appeal from the grant of the writ
of habeas corpus provided in F.R.A.P. 4(a), the Attorney General of the State of Mississippi "after careful study and consultation
with members of the Criminal Division staff, * * * made the decision that no appeal would be taken from this order." Forty-nine
days after the entry of the trial court's final order, the district attorney in the district where petitioner had been convicted
submitted a request to the Attorney General that an appeal be taken from the grant of the writ of habeas corpus. The Attorney
General thereupon moved the trial court to grant an extension of time to file the notice of appeal and, in connection therewith,
disclosed the above facts. The requested extension was granted pursuant to the provision of F.R.A.P. 4, which states: "Upon
a showing of excusable neglect, the district court may extend the time for filing the notice of appeal by any party for a
period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision."

Free PDF Books "Gann v. Smith" Online ePub Kindle