| | Brief Bank II: indexed by issue |
| | ***************************************************************************************************** |
| | Stay pending appeal | [ | 40 | ] |
| | CLAIMANT'S MOTION FOR A STAY OF THE JUDGMENT |
| | Claimant moves for a stay of the judgment pending appeal, pursuant to F.R.Civ.P. Rule |
| | 62(d). |
| | by | Grantland, Brenda |
| | U.S. | v. | ONE STAR CLASS SLOOP SAILBOAT NAMED "FLASH II" | D.Mass. | 05-10192 | ( | 2006 | ) |
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| | . |
| | DEFENDANT'S REPLY REGARDING COURT'S POWER TO STAY FORFEITURE JUDGMENT |
| | PENDING APPEAL |
| | The government's Further Memorandum urges that the sole authority they have found |
| | for their argument that the court is powerless to stay a criminal forfeiture judgment -- a |
| | district court opinion from Florida -- is binding precedent. They cite the Florida court's |
| | opinion that the statute "unambiguously denies standing to a defendant to file this |
| | motion." The Florida court did not notice Rule 38, and if they had they would have |
| | realized the necessity of reconciling the two provisions -- particularly since both were |
| | drafted as part of the same bill. If Congress meant to deny the defendant standing to |
| | request a stay pending appeal -- a right routinely given to litigants on both sides in all |
| | litigation, civil and criminal -- it would have made reference to that exception in Rule 38. |
| | by | Grantland, Brenda |
| | U.S. | v. | RICHARD TOYFOYA | N.D.Cal. | CR-93-0505-E | ( | 1996 | ) |
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