Legal Opinion

United States v. Williams

Court of Appeals for the Ninth Circuit

Decided March 11, 2009No. Nos. 08-50348, 08-50350Published

1Opinion of the Court

MEMORANDUM **

The United States of America filed a notice of intent to seek the death penalty, pursuant to 18 U.S.C. § 3593(a), as to Michael Dennis Williams and Antoine Lamont Johnson. The Defendants filed motions to dismiss the notices of intent to seek the death penalty on the basis that they were untimely. The district court denied the Defendants’ motions.

They seek to immediately appeal, contending that the district court’s denial *572constitutes a “collateral order” and is not subject to the final judgment rule. The Government asserts that the order does not qualify as an exception to the…

2Cases cited6 opinions

  1. Parella v. Retirement Board of the Rhode Island Employees' Retirement SystemCourt of Appeals for the First Circuit · 1999
  2. United States v. Donald Lee FerebeCourt of Appeals for the Fourth Circuit · 2003
  3. United States v. Kenneth WilkCourt of Appeals for the Eleventh Circuit · 2006
  4. United States v. Shawn Arnette Breeden, United States of America v. Kevin Thomas Cassell, United States of America v. Michael Anthony CarpenterCourt of Appeals for the Fourth Circuit · 2004
  5. United States v. Ayala-LopezCourt of Appeals for the First Circuit · 2006

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