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· 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 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.