Lemke Vs. United States

Lemke vs United States

Type Court Judgment Court US Supreme Court Decided Oct-12-1953

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Citation: sooperkanoon.com/98771
Court: US Supreme Court
Decided On: Oct-12-1953
Case Number: 346 U.S. 325
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Lemke

Respondent

United States

Excerpt

.....criminal procedure provides that such appeals may be taken "within 10 days after entry of the judgment," the irregularity in noting the appeal prematurely should have been disregarded under rule 52(a), as it did not "affect substantial rights," and the appeal should not have been dismissed. pp. 346 u. s. 325 -326. 203 f.2d 406 reversed. per curiam. this case is here on a petition for certiorari to the court of appeals for the ninth circuit, which dismissed an appeal as premature. rule 37(a)(2) of the federal rules of criminal procedure provides that "an appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from. . . ." page 346 u. s. 326 on march 10, 1952, petitioner was sentenced to six months in jail after a jury verdict finding him guilty of violating § 65-5-81 of the alaska compiled laws ann. 1949. on march 11, 1952, petitioner filed his notice of appeal. the judgment, however, was not entered until march 14, 1952. since no notice of appeal was filed after that time, the appeal was dismissed as premature, judge pope dissenting. the notice of appeal filed on march 11 was, however, still on file on march 14, and gave full notice after that date, as well as before, of the sentence and judgment which petitioner challenged. we think the irregularity is governed by rule 52(a), which reads "any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded." accordingly we grant the petition for certiorari, reverse the judgment below, and remand the case for further proceedings consistent with this opinion. the chief justice took no part in the consideration or decision of this case.

Full Judgment

Lemke v. United States - 346 U.S. 325 (1953)
U.S. Supreme Court Lemke v. United States, 346 U.S. 325 (1953)

Lemke v. United States

No. 109

Decided October 12, 1953

346 U.S. 325

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE NINTH CIRCUIT

SYLLABUS

Petitioner was convicted of a crime and sentenced to imprisonment. He filed his notice of appeal the next day, but judgment was not entered until several days later.

Held: though Rule 37(a)(2) of the Federal Rules of Criminal Procedure provides that such appeals may be taken "within 10 days after entry of the judgment," the irregularity in noting the appeal prematurely should have been disregarded under Rule 52(a), as it did not "affect substantial rights," and the appeal should not have been dismissed. Pp. 346 U. S. 325 -326.

203 F.2d 406 reversed.

PER CURIAM.

This case is here on a petition for certiorari to the Court of Appeals for the Ninth Circuit, which dismissed an appeal as premature. Rule 37(a)(2) of the Federal Rules of Criminal Procedure provides that "An appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from. . . ."

Page 346 U. S. 326

On March 10, 1952, petitioner was sentenced to six months in jail after a jury verdict finding him guilty of violating § 65-5-81 of the Alaska Compiled Laws Ann. 1949. On March 11, 1952, petitioner filed his notice of appeal. The judgment, however, was not entered until March 14, 1952. Since no notice of appeal was filed after that time, the appeal was dismissed as premature, Judge Pope dissenting.

The notice of appeal filed on March 11 was, however, still on file on March 14, and gave full notice after that date, as well as before, of the sentence and judgment which petitioner challenged. We think the irregularity is governed by Rule 52(a), which reads "Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded."

Accordingly we grant the petition for certiorari, reverse the judgment below, and remand the case for further proceedings consistent with this opinion.

THE CHIEF JUSTICE took no part in the consideration or decision of this case.

Same Parties Lemke vs United States Same Subject Education