United States v. Norman Ray Freelove

Ninth Circuit

United States v. Norman Ray Freelove

816 F.2d 479, 1987 U.S. App. LEXIS 5642

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 4, 1987

Docket86-3091

StatusPublished

Cited by14 cases

This text of 816 F.2d 479 (United States v. Norman Ray Freelove) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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United States v. Norman Ray Freelove, 816 F.2d 479, 1987 U.S. App. LEXIS 5642 (9th Cir. 1987).

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Opinion

ORDER

In the case before us the prosecution’s chief witness recanted shortly after trial. Prior to oral argument, counsel informed us that defendant had escaped from custody. To this date he remains a fugitive.

Defendant’s escape does not deprive this court of power to hear this appeal, but it does disentitle the defendant from demanding appeal as of right. Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 499, 24 L.Ed.2d 586 (1970) (per curiam). One may not invoke the power of judicial review only thereafter to obey or disobey the lower court’s mandate as he sees fit.

We therefore dismiss defendant’s appeal with prejudice subject to the following qualification: if defendant surrenders to state authorities within 42 days of the date hereof, his appeal shall be reinstated and decided on the merits as submitted. Cf. United States v. Macias, 519 F.2d 697, 698 (9th Cir.1975).

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ORDER

In the case before us the prosecution’s chief witness recanted shortly after trial. Prior to oral argument, counsel informed us that defendant had escaped from custody. To this date he remains a fugitive.

Defendant’s escape does not deprive this court of power to hear this appeal, but it does disentitle the defendant from demanding appeal as of right. Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 499, 24 L.Ed.2d 586 (1970) (per curiam). One may not invoke the power of judicial review only thereafter to obey or disobey the lower court’s mandate as he sees fit.

We therefore dismiss defendant’s appeal with prejudice subject to the following qualification: if defendant surrenders to state authorities within 42 days of the date hereof, his appeal shall be reinstated and decided on the merits as submitted. Cf. United States v. Macias, 519 F.2d 697, 698 (9th Cir.1975).

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816 F.2d 479, 1987 U.S. App. LEXIS 5642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-norman-ray-freelove-ca9-1987.

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