August 7, 2014 4th Circuit published opinion

United States v Modanlo

During his trial, Modanlo moved to dismiss one count of his indictment on issue preclusion grounds and later moved to server the count form the remainder of the indictment. Both were denied and Modanlo filed notices of appeal as to each motion. His trial continued and eh was convicted on all but one count including the count he argued should have been dismissed. The panel dismissed his appeals holding that in criminal trials notices of appeal filed after jeopardy attaches but before the jury’s verdict are ineffective to vest the court with appellate jurisdiction. Thus, the continuation of the trial, conviction and sentence were all proper. The panel noted the district court here failed to timely issue a written decision before trial which would have afforded Modanlo and the government an opportunity to appeal the pretrial order. However, once trial started, Modanlo was required to wait until after judgment was entered.

 

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