· 5/26/1995
United States v. Lorenzo Nichols, Howard Mason
Citations
- 56 F.3d 403
- 141 A.L.R. Fed. 787
- 1995 U.S. App. LEXIS 13273
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that a court may “clarif[y]” its findings while an appeal is pending but may not substantively alter its judgment
- noting that district court’s “simpl[e] clarification]” of its judgment did not run counter to rule
- observing that, although' a notice of appeal generally di vests the district court of jurisdiction, the court can still “act in aid of [the] appeal” by clarifying a previous order (internal quotation marks omitted)
- explaining that an effective notice of appeal deprives the district court of jurisdiction to change a sentence, but a district court may still clarify its findings “in aid of the appeal” (citation omitted)
- “We decline to extend Pumett into an automatic adjournment rule every time the district court inquires further into competency.”
- “In deciding that an evidentiary hearing is unnecessary, a court may rely not only on psychiatrists’ reports indicating competency but also on its own observations of the defendant.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Altimari, Walker
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.