Articles

When Reasonable Jurists Could Disagree: The Fifth Circuit's Misapplication of the Frivolousness Standard

Author
  • Brent E. Newton

Abstract

A criminal appeal that is deemed frivolous is summarily dismissed without further judicial consideration. The frequency of findings of frivolousness in the Fifth Circuit has caused concern among appellate practitioners and has even led to sanctions against practitioners. This article analyzes the Fifth Circuit’s frivolousness standard.

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Published on
01 Apr 2001