By: WISCONSIN LAW JOURNAL STAFF//July 3, 2014//
By: WISCONSIN LAW JOURNAL STAFF//July 3, 2014//
U.S. Court of Appeals for the 7th Circuit
Criminal
Criminal Procedure — fugitive disentitlement doctrine
Although a defendant left the country, the fugitive disentitlement doctrine does not bar consideration of an interlocutory appeal.
“This is a rare case. Most fugitive disentitlement decisions handed down by district courts involve defendants who have since been caught and returned; these rulings are typically entered with prejudice. See, e.g., United States v. Morgan, 254 F.3d 424, 426 (2d Cir. 2001). But we are persuaded on these facts that Bokhari must be able to appeal the district court’s decision to invoke the doctrine, because otherwise an erroneous application would be reviewable only through use of an extraordinary writ. In the case of In re Hijazi, 589 F.3d 401 (7th Cir. 2009), the district court held the defendant’s motion in abeyance pending his arraignment, thereby requiring the defendant to seek mandamus. We think it is unnecessary to resort to that writ to obtain this court’s review of a decision that is, for all intents and purposes, final.”
Dismissed and Affirmed.
Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Tinder, J.