Legal Opinion
United States v. John Hitchmon, A/K/A John Ashanti, and Jessie Lee Fussell, Defendants
Court of Appeals for the Fifth Circuit
Decided September 12, 1979No. 77-5587PublishedCited by 122 opinions
1Opinion of the Court
RONEY, Circuit Judge:
A panel of this Court reversed these convictions on the ground that the district court was without jurisdiction to try the defendants because the Government had filed a notice of appeal from an order granting a new trial, which appeal stood undismissed at the time of trial. United States v. Hitchmon, 587 F.2d 1357 (5th Cir. 1979). This Court granted a petition for rehearing en banc, which effectively vacated the panel opinion. Fifth Circuit Local Rule 17. Sitting en banc, we now decide contrary to the panel view and hold that the notice of appeal from a nonappealable…
2Cases cited33 opinions
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- United States v. SissonSupreme Court of the United States · 1970
- Donovan Edward Ruby v. Secretary of the United States NavyCourt of Appeals for the Ninth Circuit · 1966
- Charles Resnik v. La Paz Guest RanchCourt of Appeals for the Ninth Circuit · 1961
- Arthur Andersen & Co. v. Honorable Sherman G. Finesilver, Etc., State of Ohio v. Arthur Andersen & Co.Court of Appeals for the Tenth Circuit · 1977
28 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- Rutherford v. Harris County TexasCourt of Appeals for the Fifth Circuit · 1999
- United States v. John O. Green A/K/A John O. HornungCourt of Appeals for the Fifth Circuit · 1989
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- United States v. George M. Khoury, Howard Kluver, David W. West, Louis H. ChippasCourt of Appeals for the Eleventh Circuit · 1990
117 more not listed; retrieve them via the Exa API.