Legal Opinion
Eberhart v. United States
Supreme Court of the United States
Decided October 31, 2005No. 04-9949PublishedCited by 697 opinions
1Per curiam
Federal Rule of Criminal Procedure 33(a) allows a district court to “vacate any judgment and grant a new trial if the interest of justice so requires.” But “[a]ny motion for a new trial grounded on any reason other than newly discovered evidence must be filed within 7 days after the verdict or finding of guilty, or within such further time as the court sets during the 7-day period.” Rule 33(b)(2). This deadline is rigid. The Rules provide that courts “may not extend the time to take any action under [Rule 33], except as stated” in Rule 33 itself. Rule 45(b)(2). The Court of Appeals for the…
2Cases cited14 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Agostini v. FeltonSupreme Court of the United States · 1997
- Kontrick v. RyanSupreme Court of the United States · 2004
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3Cited by697 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Henderson v. ShinsekiSupreme Court of the United States · 2011
- Grancare v. Ruth ThrowerCourt of Appeals for the Ninth Circuit · 2018
- Lin Zhong v. United States Department of Justice, Attorney General GonzalesCourt of Appeals for the Second Circuit · 2007
- Reed Elsevier, Inc. v. MuchnickSupreme Court of the United States · 2010
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