Government of the Virgin Islands v. Martinez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the appellate court erred in sua sponte dismissing appeal as untimely because the government forfeited the protection of court rule requiring timely filing of notice of appeal by failing to raise issue with the court
• holding that the failure to file a timely notice of appeal in a criminal case does not deprive the Court of jurisdiction, but, if the Government invokes the deadline of Fed. R. App. P. 4(b)(1), the Court must dismiss the appeal
• noting that “[b]ecause Rule 4(b) is not grounded in statute . . . we are not deprived of appellate jurisdiction if a party fails to invoke the rule properly upon an untimely notice of appeal”
• evaluating record to determine whether evidence proffered against the criminal defendant was “overwhelming” in a harmless-error context
• discussing the claims processing Federal Rule of Appellate Procedure 4(b), the court noted that “[u]pon proper invocation of the rule when a notice of appeal is filed out of time, we must dismiss the appeal.” (emphasis added)
• leaving unresolved the question of whether this Court could sua sponte invoke the time limit prescribed by Federal Rule of Appellate Procedure 4(b), a claims- processing rule, but suggesting that a case of “inordinate” delay might be an appropriate circumstance

Source: CourtListener parenthetical corpus (CC0).