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SPEEDING CRIMINAL APPEALS IN THE SECOND CIRCUIT

NCJ Number
18114
Journal
Judicature Volume: 58 Issue: 6 Dated: (JANUARY 1975) Pages: 286-292
Author(s)
M STECICH
Date Published
1975
Length
6 pages
Annotation
A DESCRIPTION OF THE TWO PHASES OF THE PLAN TO EXPEDITE THE PROCESS OF CRIMINAL APPEALS, WHICH INTRODUCED POLICY CHANGES TO ELIMINATE THE BASIC CAUSES OF DELAY AND PLACED CONTROL OF THE APPEALS PROCESS WITH THE COURT OF APPEALS.
Abstract
PHASE ONE OF THIS PROGRAM, BEGUN IN DECEMBER 1971, PROVIDED FOR AUTOMATIC CONTINUATION OF COUNSEL FROM THE DISTRICT COURT TO THE APPELLATE COURT AND CREATED THE POSITION IN THE COURT OF APPEALS OF SCHEDULING CLERK TO FIX DATES AND DRAW UP ORDERS APPOINTING COUNSEL. THIS PHASE ALSO PROVIDED FOR A FORM WHICH THE TRIAL JUDGE COMPLETES AT THE TIME OF SENTENCING, LISTING BASIC CASE INFORMATION. UNDER PHASE ONE, TIME FROM NOTICE OF APPEAL TO FINAL DISPOSITION WAS REDUCED TO 178 DAYS. PHASE TWO BROUGHT THE ENTIRE APPEAL UNDER THE CONTROL OF THE COURT OF APPEALS. AFTER THE TRIAL, INSTRUCTION SHEETS ON HOW TO PROCEED WITH THE FIRST STEPS OF THE APPEAL ARE GIVEN TO COUNSEL. AT THE SENTENCING HEARING THE COURTROOM DEPUTY IS CHARGED WITH THE RESPONSIBILITY OF MAKING CERTAIN THAT ALL STEPS NECESSARY TO PROCESS THE APPEAL ARE TAKEN, UNDER SUPERVISION OF THE TRIAL JUDGE, AT A TIME WHEN ALL PARTIES INVOLVED IN THE TRIAL ARE PRESENT. RECORDS ARE ALSO KEPT ON EACH CASE TO MAKE CERTAIN THE SCHEDULED DATES ARE MET. UNDER THIS PHASE, TIME FROM NOTICE OF APPEAL TO FINAL DISPOSITION WAS REDUCED TO 116 DAYS.

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