Just completed a global update to the page. Because it has been two months since the last global update, nearly every single case had some activity. And many cases have now been calendared for the upcoming August 2011 Term.
One quick note, I had mentioned earlier this week the COA in Mason (D/D, it's my case) on the persistent felony offender issue. But there had previously been a COA on this issue in a case called Seda.* Unfortunately, no timely notice of appeal was filed in that case. The COA motion was filed within 30 days of the judgment. In pro se cases, the Second Circuit will liberally construe that COA motion as a timely filed notice of appeal. However, the COA motion was filed by an attorney. So no liberal construction available here.
*Of course, there could be other district court COA's on this issue floating out there, but I don't know about them.
Three months after the entry of judgment, Seda's counsel moved to reopen the time to file a notice of appeal. Unfortunately, I worry that this motion will be unsuccessful under FRAP 4(a)(6), which has some strict requirements for these things. Nevertheless, I hope that the judge will re-open the time period and let Seda file a timely notice of appeal.
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