United States v. Shalhoub, No. 16-10533 (11th Cir. 2017)Annotate this Case
The court affirmed the denial of a motion for special appearance of counsel to seek the dismissal of an indictment on the ground that defendant was a fugitive from justice, because the motion was not an immediately appealable collateral order. Defendant was indicted on one count of international parental kidnapping and subsequently moved to have his attorneys specially appear to seek dismissal of the indictment. The district court denied the motion based on the fugitive disentitlement doctrine. The court dismissed defendant's interlocutory appeal for lack of jurisdiction because denial of defendant's motion for counsel to appear specially implicates neither "a right not to be tried," nor a right like that against excessive bail. The court distinguished this case from that of the Seventh Circuit's in United States v. Bokhari. The court also denied defendant's petition for writ of mandamus because he had an adequate means to obtain relief -- appearance in the district court -- and could not establish that his right to mandamus was clear and indisputable.