In Re T. Bertram Lance

Fifth Circuit

In Re T. Bertram Lance

610 F.2d 228, 1980 U.S. App. LEXIS 21386

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 14, 1980

Docket80-7028

StatusPublished

Cited by1 cases

This text of 610 F.2d 228 (In Re T. Bertram Lance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re T. Bertram Lance, 610 F.2d 228, 1980 U.S. App. LEXIS 21386 (5th Cir. 1980).

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Opinion

PER CURIAM:

Appellate Review of the conduct of criminal proceedings should usually be postponed until after final judgment has been rendered by the trial court. See Will v. United States, 389 U.S. 90, 96, 88 S.Ct. 269, 274, 19 L.Ed.2d 305, 310 (1967) (in which review was sought by the government); cf. Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979) (denying a writ of mandamus to a defendant who had a remedy by appeal).

All parties agree that there is no precedent for staying the trial. Having carefully considered the motion and the consequences of granting as well as those of denying it, both in the present case and as a precedent for this circuit, we conclude that it should be DENIED.

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PER CURIAM:

Appellate Review of the conduct of criminal proceedings should usually be postponed until after final judgment has been rendered by the trial court. See Will v. United States, 389 U.S. 90, 96, 88 S.Ct. 269, 274, 19 L.Ed.2d 305, 310 (1967) (in which review was sought by the government); cf. Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979) (denying a writ of mandamus to a defendant who had a remedy by appeal).

All parties agree that there is no precedent for staying the trial. Having carefully considered the motion and the consequences of granting as well as those of denying it, both in the present case and as a precedent for this circuit, we conclude that it should be DENIED.

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610 F.2d 228, 1980 U.S. App. LEXIS 21386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-t-bertram-lance-ca5-1980.

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