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chuckyg23

Time Constraints for appeals.

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If you appeal a decision handed down by a Federal Judge in your first trial, and he sustains his earlier decision, what are the time limits for filing an appeal with the 3rd Circuit?

 

You dont "appeal" a trial judge's decision to the trial judge. That's generally a motion for reconsideration or other similar motion depending on the circumstances. In general, you may only pursue an appeal to the circuit court of appeals once the trial court has entered a final judgment in the case. In a federal criminal case, the time for this is controlled by Federal Rule of Appellate Procedure (FRAP) 4(b )(1)(A), which states:

 

“(A) In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of:
 
(i) the entry of either the judgment or the order being appealed; or
 
(ii) the filing of the government's notice of appeal.”
 
So, it matters what judgment or order it is that you wish to appeal. You mentioned the judge's decision, so was this a sentencing order after a conviction had been entered? Or something else?

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