Legal Opinion
United States v. Wilkes
District Court, M.D. Pennsylvania
Decided May 12, 2005No. 1:04-cv-00287PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
CONNER, District Judge.
There are few circumstances in which a district court may continue to exercise authority over a case after the filing of a notice of appeal, an “event of jurisdictional significance [that] confers jurisdiction on the court of appeals and divests the district court of its control over ... the case.” 1 The district court may proceed if the appeal is patently frivolous. 2 It may proceed if the notice relates to a non-appealable order or judgment. 3 It may also proceed if the appeal is taken in bad faith and would result in unwarranted delay. 4 The notice of…
2Cases cited21 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Behrens v. PelletierSupreme Court of the United States · 1996
- United States v. MacDonaldSupreme Court of the United States · 1978
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. KuperCourt of Appeals for the Third Circuit · 2008
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- Snider v. McKeehanDistrict Court, M.D. Pennsylvania · 2020
- Snider v. Pennsylvania DOCDistrict Court, M.D. Pennsylvania · 2020
- United States v. KuperCourt of Appeals for the Third Circuit · 2008