Thus, if a defendant files a request for an extension of time to file a motion to arrest judgment within the seven-day period, the judge must rule on that motion or request within the same seven-day period. Courts have held that the seven-day rule is jurisdictional. Similar provisions exist in Rules 29 and 33. Further, a conforming amendment has been made to Rule 45(b).Ĭurrently, Rule 34(b) requires the defendant to move to arrest judgment within seven days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere, or within some other time set by the court in an order issued by the court within that same seven-day period. The amendment parallels similar amendments to Rules 29 and 33. Rule 34(b) has been amended to remove the requirement that the court must act within seven days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere if it sets another time for filing a motion to arrest a judgment. These changes are intended to be stylistic only. The language of Rule 34 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. See the Advisory Committee's Note to Rule 29. The amendment also changes the time in which the motion may be made to 7 days. The amendment changes the result in the Lott case and makes the periods uniform. The Court held that such a plea was not a “determination of guilty.” No reason of policy appears to justify having the time for making this motion commence with the verdict or finding of guilt but not with the acceptance of the plea of nolo contendere or the plea of guilty. 421 (1961) the Supreme Court held that when a defendant pleaded nolo contendere the time in which a motion could be made under this rule did not begin to run until entry of the judgment. The amendment to the second sentence is designed to clarify an ambiguity in the rule as originally drafted. The words “on motion of a defendant” are added to make clear here, as in Rule 33, that the court may act only pursuant to a timely motion by the defendant. Notes of Advisory Committee on Rules-1966 Amendment See Rule II (2) of Criminal Appeals Rules of 1933, 292 U.S.C. This rule continues existing law except that it enlarges the time for making motions in arrest of judgment from 3 days to 5 days. Notes of Advisory Committee on Rules-1944 The defendant must move to arrest judgment within 14 days after the court accepts a verdict or finding of guilty, or after a plea of guilty or nolo contendere. (2) the court does not have jurisdiction of the charged offense. ![]() (1) the indictment or information does not charge an offense or Upon the defendant's motion or on its own, the court must arrest judgment if the court does not have jurisdiction of the charged offense.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |