· 2/27/1987
United States v. James Leroy Martinson
Citations
- 809 F.2d 1364
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a district court has jurisdiction over a motion to return property styled as a Rule 41(e) motion, and should treat such motion as a civil equitable proceeding
- holding that district courts are to construe Rule 41(g) motions as civil complaints when no criminal proceeding is pending
- holding that the sixty-day limit for filing a notice of appeal under Rule 4(a)(1) of the Federal Rules of Appellate Procedure applies to rulings on Rule 41(e) motions
- holding that a district court has jurisdiction over a motion to return property styled as a Rule 41(e) motion, and should treat such motion as a civil equitable proceeding
- recognizing the possibility of damages pursuant to Rule 41(g) when the government destroys seized property
- holding sixty-day period in Rule 4(a)(1)(B) applies even though Rule 41(e) motion was filed in defendant’s criminal case and bore a criminal docket number
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Alarcon, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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