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Tenth Circuit· 2/19/2014

United States v. Augustine

Citations

  • 742 F.3d 1258
  • 2014 WL 630476
  • 2014 U.S. App. LEXIS 2976

How courts have described this case

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

  • holding that an attorney’s failure to make an argument in a suppression hearing does not qualify as good cause
  • declining to consider arguments that were “abandoned . . . in [the] reply brief”
  • declining to consider arguments that were “abandoned . . . in [the] reply brief”
  • “[C]ounsel’s inadvertent failure to raise a suppression argument before the district court does not in itself constitute good cause warranting relief from a Rule 12[] waiver.”
  • “[W]e do not read Burke as expanding the good-cause exception such that it swallows the waiver rule articulated in [Rule 12], as it would if good cause warranting relief from waiver existed every time a defendant’s attorney inadvertently failed to raise a suppression argument.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, McKay, Matheson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.