|
|
United States v. Dieter, 429 U.S. 6 (1976)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Dieter, 429 U.S. 6 (1976)
United States v. Dieter No. 75-1547 Decided October 12, 1976 429 U.S. 6
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE TENTH CIRCUIT
Syllabus
The 30-day limitation period prescribed by the Criminal Appeals Act and Fed.Rule App.Proc. 4(b) for a Government appeal from an order dismissing an indictment ran from the date of the District Court’s denial of the Government’s motion to set aside the dismissal of the indictment against respondent, rather than from the date of the dismissal order, and hence the Government’s appeal was timely where its notice of appeal was filed within 30 days after such denial. A timely petition for rehearing renders the original judgment nonfinal for appeal purposes for as long as the petition is pending, United States v. Healy, 376 U.S. 75, 78-79, and, while not captioned a "petition for rehearing," the Government’s motion was precisely that in purpose and effect.
Certiorari granted; vacated and remanded.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," United States v. Dieter, 429 U.S. 6 (1976) in 429 U.S. 6 Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=BUWX33U274TZ7UW.
MLA:
U.S. Supreme Court. "Syllabus." United States v. Dieter, 429 U.S. 6 (1976), in 429 U.S. 6, Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=BUWX33U274TZ7UW.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States v. Dieter, 429 U.S. 6 (1976). cited in 1976, 429 U.S. 6. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=BUWX33U274TZ7UW.
|