Supreme Court of the United States, 1953

Lemke v. United States

Supreme Court of the United States · Decided October 12, 1953 · Per Curiam

346 U.S. 325; 74 S. Ct. 1; 98 L. Ed. 2d 3; 1953 U.S. LEXIS 1694; 14 Alaska 423; 98 L. Ed. 3 (United States Reports)

Counsel

Bailey E. Bell for petitioner., Acting Solicitor General Davis, Assistant Attorney General Olney, Beatrice Rosenberg and Robert G. Maysack for the United States.

Cases that cite this one

57 later published cases cite this decision. The 25 that cite it most often are listed here.

West v. United States (D.C. 1975)
Robert Lewis v. B.F. Goodrich Company Daniel Newsome Roy Ailstock (10th Cir. 1988)
United States v. Paul Robert Green (10th Cir. 1988)
Clarence Stewart, Jr. v. O. E. Bishop, Superintendent of Arkansas State Penitentiary (8th Cir. 1968)
Manrique v. United States (Supreme Court of the United States 2017)
United States v. Hashagen, Clinton Charles (3d Cir. 1987)
United States v. Glenn M. Wade (9th Cir. 1988)
United States v. Johnny Moore (7th Cir. 1980)
Song Jook Suh v. George K. Rosenberg, District Director, Immigration & Naturalization Service (9th Cir. 1971)
Janssen v. Tomahawk Oil Co., Ltd. (Neb. 1998)
United States v. Luis Anthony Rivera (10th Cir. 1990)
Rust v. Clark County School District (Nev. 1987)
Andrew Pitts v. United States (9th Cir. 1959)
Print Carter O'Neal v. United States (5th Cir. 1959)
Roland Belton v. United States (D.C. Cir. 1958)
Frank Kennedy v. Curtis Reid, Superintendent, District of Columbia Jail (D.C. Cir. 1957)
Allgood v. State (Nev. 1962)
United States v. James Cronan (5th Cir. 1991)
Edward F. Krull v. The Celotex Corporation (7th Cir. 1987)
Vito Matarese v. Eugene Lefevre, Superintendent, Clinton Correctional Facility, and Robert Abrams, Attorney General, State of New York (2d Cir. 1986)
Nelson v. Stoker (Utah 1983)
Luverne L. Anderson and Josephine Rodriguez v. Allstate Insurance Company, a California Corporation, Defendants (9th Cir. 1980)
Leonhard v. United States (2d Cir. 1980)
Leonhard v. United States (2d Cir. 1980)
Yaretsky v. Blum (2d Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

This case is here on a petition for certiorari to the Court of Appeals for the Ninth Circuit, which dismissed an appeal as premature. Rule 37 (a)(2) of the Federal Rules of Criminal Procedure provides that “An appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from . . . .”

*326 On March 10, 1952, petitioner was sentenced to six months in jail after a jury verdict finding him guilty of violating § 65-5-81 of the Alaska Compiled Laws Ann., 1949. On March 11, 1952, petitioner filed his notice of appeal. The judgment, however, was not entered until March 14,1952. Since no notice of appeal was filed after that time, the appeal was dismissed as premature, Judge Pope dissenting.

The notice of appeal filed on March 11 was, however, still on file on March 14 and gave full notice after that date, as well as before, of the sentence and judgment which petitioner challenged. We think the irregularity is governed by Rule 52 (a) which reads “Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.”

Accordingly we grant the petition for certiorari, reverse the júdgment below, and remand the case for further proceedings consistent with this opinion.

The Chief Justice took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.