Search Supreme Court Cases
UNITED STATES V. ROBINSON, 361 U. S. 220 (1960)
U.S. Supreme Court
United States v. Robinson, 361 U.S. 220 (1960)
United States v. Robinson
Argued December 8, 1959
Decided January 11, 1960
361 U.S. 220
Under the Federal Rules of Criminal Procedure, the filing of notice of appeal in a criminal case after expiration of the time prescribed in Rule 37(a)(2) does not confer jurisdiction upon the Court of Appeals, even though the District Court, proceeding under Rule 45(b), has found that the late filing of the notice of appeal was the result of "excusable neglect." Pp. 361 U. S. 220-230.
(a) To recognize a late notice of appeal is actually to "enlarge" the period for taking an appeal, which is explicitly forbidden by Rule 45(b). Pp. 361 U. S. 224-229.
(b) The policy question whether greater flexibility should be allowed with respect to the time for taking an appeal must be resolved through the rulemaking process, not by judicial decision, and it cannot be resolved by the Court of Appeals. Pp. 361 U. S. 229-230.
104 U.S.App.D.C. 200, 260 F.2d 718, reversed.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.