· 10/30/1990
United States v. Donald D. Payton, II
Citations
- 918 F.2d 54
- 1990 U.S. App. LEXIS 19095
- 1990 WL 164061
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant's admission at sentencing hearing that he had committed generic burglary coupled with the description in the information of the conviction for burglary was sufficient to find generic burglary under Taylor
- reiterating the eighth circuit policy of not accepting pro se briefs from a party who is represented by counsel
- district court erred under Taylor in looking beyond state statute, charging paper and jury instructions to police report to determine nature of conduct leading to conviction
- district court erred under Taylor in looking beyond state statute, charging paper and jury instructions to police report to determine nature of conduct leading to conviction
- where defendant pleaded guilty, charging paper alone will usually be determinative document
- “While our Eighth Circuit policy provides that when a party is represented by counsel we will not accept pro se briefs for filing, ... we granted leave to appellant to file a brief not to exceed five pages.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Fagg, Heaney
Read full opinion on CourtListenerSourced 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.