Monday, January 08, 2007

No Jurisdiction over Late Notice. If the United States government intends to execute a criminal defendant, it must provide notice of that intent " a reasonable time before the trial or before acceptance by the court if a a plea of guilty." 18 U.S.C. 3593(a). In United States v. Robinson, the issue arose as to whether a determination of whether section 3593(a) has been violated is immediately appealable.

The Second Circuit held that the final judgment rule prevented it from hearing an appeal of such an order. This was so even though the result could potentially that the defendants could go through a lengthy death penalty trial and then have the death penalty demand stricken.

The decision can be found here.

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