Fugitive-Disentitlement Doctrine Dooms Criminal Appeal of Defendant Who Fled the Country, Holds Ninth Circuit

Another case involving one of my favorite federal common law rules: in United States v. Terabelian, No. 21-50291 (9th Cir. June 27, 2024), the Ninth Circuit dismisses the direct appeal of a criminal conviction on the ground that the defendant removed her location-monitoring device and fled to country to Montenegro before sentencing, citing the fugitive-disentitlementContinue reading “Fugitive-Disentitlement Doctrine Dooms Criminal Appeal of Defendant Who Fled the Country, Holds Ninth Circuit”

Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split

In United States v. Sindzingre, No.19-1698 (2d Cir. Aug. 5, 2021), a 2-1 panel decides both its appellate jurisdiction to review an interlocutory order under the fugitive disentitlement doctrine, disagreeing with the Sixth and Eleventh Circuits. The panel majority also holds that the district court erred in holding that the doctrine applied to “a foreignContinue reading “Split Second Circuit Panel Holds That Collateral Order Doctrine Allows Interlocutory Review of Order of Fugitive Disentitlement, Creating a Circuit Split”

Eleventh Circuit Applies the “Fugitive Disentitlement” Doctrine to Dismiss Action

In Vibe Ener v. Martin, No. 19-12258 (11th Cir. Feb. 22, 2021), the panel reviews a district court’s dismissal of a civil action because the plaintiff fled the United States, applying the “fugitive disentitlement” doctrine. “The fugitive disentitlement doctrine empowers courts to dismiss the lawsuits or appeals of fugitives from the law.” The federal actionContinue reading “Eleventh Circuit Applies the “Fugitive Disentitlement” Doctrine to Dismiss Action”