No. 21-5844

James Malcolm Hale v. United States

Lower Court: Fourth Circuit
Docketed: 2021-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver
Key Terms:
SocialSecurity Immigration
Latest Conference: 2021-11-12
Question Presented (AI Summary)

Whether a defendant may appeal an adverse pretrial motion determination despite not reserving the right in writing under Rule 11(a)(2)

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether, in a federal criminal prosecution, a defendant who has not reserved in writing his right to appellate court review of an adverse determination of a specified pretrial motion, pursuant to F. Crim. P. 11(a)(2), but who has been specifically advised of such right to appeal by the District Court itself, without objection by the government, may in fact appeal the underlying adverse determination of a pretrial motion. i

Docket Entries

2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-20
Waiver of right of respondent United States to respond filed.
2021-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2021)

Attorneys

James Malcolm Hale
Correy Austin DivineyStrickland, Diviney, Segura & Byrd, Petitioner
Correy Austin DivineyStrickland, Diviney, Segura & Byrd, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent