Cite as: 507 U. S. 234 (1993)
Opinion of the Court
on the appellate process sufficient to warrant an appellate sanction. As this case reaches the Court, however, there is no indication in the record that the Court of Appeals made such a judgment under the standard here announced. Application of the Holmes rule, as formulated by the lower court thus far, does not require the kind of connection between fugitivity and the appellate process that is necessary; instead it may rest on nothing more than the faulty premise that any act of judicial defiance, whether or not it affects the appellate process, is punishable by appellate dismissal. Pp. 249-252.
Vacated and remanded.
Stevens, J., delivered the opinion of the Court, in which Blackmun, Scalia, Kennedy, and Souter, JJ., joined. Rehnquist, C. J., filed a dissenting opinion, in which White, O'Connor, and Thomas, JJ., joined, post, p. 252.
James R. Gailey argued the cause for petitioner. With him on the briefs were Stewart G. Abrams and Paul M. Rashkind.
Amy L. Wax argued the cause for the United States. With her on the brief were Solicitor General Starr, Assistant Attorney General Mueller, and Deputy Solicitor General Bryson.
Justice Stevens delivered the opinion of the Court. In United States v. Holmes, 680 F. 2d 1372, 1373 (1982), cert. denied, 460 U. S. 1015 (1983), the Court of Appeals for the Eleventh Circuit held that "a defendant who flees after conviction, but before sentencing, waives his right to appeal from the conviction unless he can establish that his absence was due to matters completely beyond his control." Relying on that authority, and without further explanation, the court dismissed petitioner's appeal.1 Because we have not pre-1 The Court of Appeals order merely stated that the Government's "motion to dismiss is GRANTED," without actually citing Holmes. App. 78. Because the Government's motion to dismiss, id., at 68-71, relied entirely on Holmes and on United States v. London, 723 F. 2d 1538 (CA11), cert. denied, 467 U. S. 1228 (1984), which followed Holmes, we construe the Court of Appeals order as a routine application of the Holmes rule.
235
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007