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Collier v. United States, 384 U.S. 59 (1966)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Collier v. United States, 384 U.S. 59 (1966)
Collier v. United States No. 695 Argued March 24, 1966 Decided April 19, 1966 384 U.S. 59
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Nine days after petitioner was found guilty by a jury and a formal judgment was entered against him, his counsel filed a new trial motion based on alleged trial errors. The District Court denied the motion, which was untimely under Fed.Rule Crim.Proc. 33. Seven days thereafter and 19 days after judgment, counsel filed a notice of appeal from the conviction. The Court of Appeals dismissed the appeal as untimely under Rule 37(1)(2), which provides that an appeal may be taken
within 10 days after entry of the judgment or order appealed from, but if a motion for a new trial or in arrest of judgment has been made, within the 10-day period an appeal from a judgment of conviction may be taken within 10 days after entry of the order denying the motion.
Held: the time within which to take an appeal under Red.Rule Crim.Proc. 37(a)(2) is enlarged by a motion for a new trial which is filed within the 10-day period provided therein, albeit not timely under Rule 33.
Reversed and remanded.
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Chicago:
U.S. Supreme Court, "Syllabus," Collier v. United States, 384 U.S. 59 (1966) in 384 U.S. 59 Original Sources, accessed July 30, 2025, http://originalsources.com/Document.aspx?DocID=GZ8URYGUNQPMR26.
MLA:
U.S. Supreme Court. "Syllabus." Collier v. United States, 384 U.S. 59 (1966), in 384 U.S. 59, Original Sources. 30 Jul. 2025. http://originalsources.com/Document.aspx?DocID=GZ8URYGUNQPMR26.
Harvard:
U.S. Supreme Court, 'Syllabus' in Collier v. United States, 384 U.S. 59 (1966). cited in 1966, 384 U.S. 59. Original Sources, retrieved 30 July 2025, from http://originalsources.com/Document.aspx?DocID=GZ8URYGUNQPMR26.
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