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MOOKINI V. UNITED STATES, 303 U. S. 201 (1938)

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U.S. Supreme Court

Mookini v. United States, 303 U.S. 201 (1938)

Mookini v. United States

No. 319

Argued February 2, 1938

Decided February 28, 1938

303 U.S. 201


1. The Act of March 8, 1934, (28 U.S.C. 723a) empowering this Court to prescribe rules of practice with respect to proceedings after determination of guilt in criminal cases in "District Courts of the United States, including the District Courts of Alaska, Hawaii, Puerto Rico, Canal Zone and Virgin Islands," and in the other courts named, does not require that rules, when prescribed, shall be identical for all the courts mentioned, or that rules for all shall be prescribed at the same time. P. 303 U. S. 203.

2. In the rules heretofore promulgated by this Court (May 7, 1934, 292 U.S. 661) limited to proceedings in criminal cases in "District Courts of the United States" and in the Supreme Court of the District of Columbia and subsequent appellate proceedings, the term "District Courts of the United States" means constitutional courts created under Art. III of the Constitution; it does not embrace legislative courts such as the District Court for the Territory of Hawaii. P. 303 U. S. 205. chanroblesvirtualawlibrary

Page 303 U. S. 202

3. As the Criminal Appal Rules were not made applicable to the District Court of the Territory of Hawaii, they did not change the time for appeals from that court to the Circuit Court of Appeals as allowed by the Act of February 13, 1925. 28 U.S.C. 225, 230. P. 303 U. S. 205.

4. The provision in the organic Act of Hawaii (48 U.S.C. 645) that appeals from the District Court of that Territory to the Circuit Court of Appeals for the Ninth Circuit shall be had "in the same manner as appeals are allowed from district courts to circuit courts of appeal as provided by law" does not require that the Criminal Appeals Rules prescribed by this Court for District Courts of the United States shall be held applicable to the District Court of Hawaii. P. 303 U. S. 205.

92 F.2d 126, reversed.

Certiorari, 302 U.S. 674, to review a judgment dismissing an appeal.

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