No. 22-944

Lois Yankah v. Sgt. Moore, et al.

Lower Court: Fourth Circuit
Docketed: 2023-03-29
Status: Denied
Type: Paid
Tags: appellate-procedure constitutional-rights due-process federal-rules-of-appellate-procedure filing-deadline fugitive-disentitlement fugitive-disentitlement-doctrine speedy-trial speedy-trial-act
Key Terms:
DueProcess Immigration JusticiabilityDoctri
Latest Conference: 2023-05-25
Question Presented (AI Summary)

Whether an appellate court may dismiss an appeal filed after the filing deadline but before the 3-day extension for notices sent by mail

Question Presented (from Petition)

QUESTIONS PRESENTED: . 1. Whether an appellate court may dismiss an appeal which has been postmarked by United States Post Office before the filing deadline , filed by court clerk a day after time to file notice of appeal under Rule 4(a)(1)(A) of the Federal Rules of Appellate Procedure but before 3 day extension for notices sent by mail under Rule Fed. R. App. P. 26(c) 2. Should the fugitive disentitlement doctrine as applied to be overruled or modified? ; 3. Assuming that the fugitive disentitlement doctrine is retained, can it properly be applied where, among other things, e the court’s interpretation diverges from the understanding of the doctrine when it was promulgated? ; ; e (a) The court has been barred from prosecuting the underlying . charges by the Speedy Trial Act of the United States Constitution made applicable to States by the Fourteenth Amendment prior to issuance of the warrant, (b) Serving the warrant or arrest would violate Petitioner’s right to liberty without due process under the Fourteenth Amendment, (c) Warrant does not carry the force of law.

Docket Entries

2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2022-01-29
Petition for a writ of certiorari filed. (Response due April 28, 2023)

Attorneys

Lois Yankah
Lois Yankah — Petitioner
Lois Yankah — Petitioner