Court filing

USCA Order as to Carla Jackson: Accordingly — USA v. Thomas et al. (Dkt. 1171, N.D. Ga.)

Summary

Order of the United States Court of Appeals for the Eleventh Circuit, Document 1171, filed 01/30/25, in District Court Docket No. 1:20-cr-00296-JPB-CMS-5, with a clerk's cover notice dated January 30, 2025, in appeal No. 24-11785, United States of America v. Carla Jackson and Teldrin Foster. Judges Jordan and Luck state that Foster filed two appeals, one from the July 27, 2024 final judgment and one from the October 28, 2024 order denying his motion for a new trial. They rule he has no standing to appeal the October 28 order, because he asked the district court to deny that motion and it did so, but he does have standing to appeal his convictions and sentence. The appeal is therefore DISMISSED IN PART as to the October 28, 2024 order and may proceed as to the convictions and sentence.

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Filed January 30, 2025 in USA v. Thomas et al.; one of 541 filings from this case.

Record facts

Court	U.S. District Court for the Northern District of Georgia
Filed	2025-01-30

Cite this document

“USCA Order as to Carla Jackson: Accordingly — USA v. Thomas et al. (Dkt. 1171, N.D. Ga.).” U.S. District Court for the Northern District of Georgia, No. 1:20-cr-00296-JPB-CMS, Doc. 1171, filed 2025-01-30. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-carla-jackson-gand-279867/2025-01-30-gov-uscourts-gand-279867-1171-0-doc-1171/, SHA-256 4256859305b2dbedf82e985cfb9bc4f44607270730cbf9614d8978dbfe1a8609.

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Full text

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
David J. Smith
Clerk of Court

January 30, 2025
For rules and forms visit
www.ca11.uscourts.gov

Adam Marshall Hames
The Hames Law Firm, LLC
511 E PACES FERRY RD NE
ATLANTA, GA 30305-2601

David D. Marshall
David D. Marshall Attorney at Law
2550 SANDY PLAINS RD STE 225
PMB 340
MARIETTA, GA 30066

Appeal Number: 24-11785-DD
Case Style: USA v. Carla Jackson, et al
District Court Docket No: 1:20-cr-00296-JPB-CMS-5

The enclosed order has been ENTERED.
Electronic Filing
All counsel must file documents electronically using the Electronic Case Files ("ECF") system,
unless exempted for good cause. Although not required, non-incarcerated pro se parties are
permitted to use the ECF system by registering for an account at www.pacer.gov. Information
and training materials related to electronic filing are available on the Court's website.
Clerk's Office Phone Numbers
General Information: 404-335-6100 Attorney Admissions: 404-335-6122
Case Administration: 404-335-6135 Capital Cases: 404-335-6200
CM/ECF Help Desk: 404-335-6125 Cases Set for Oral Argument: 404-335-6141

MOT-2 Notice of Court Action

USCA11 Case: 24-11785 Document: 53-1 Date Filed: 01/30/2025 Page: 1 of 1
Case 1:20-cr-00296-JPB-CMS Document 1171 Filed 01/30/25 Page 1 of 3

In the
United States Court of Appeals
For the Eleventh Circuit

____________________
No. 24-11785
____________________

UNITED STATES OF AMERICA,
Plaintiﬀ-Appellee,
versus
CARLA JACKSON,
TELDRIN FOSTER,

Defendants-Appellants.

____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:20-cr-00296-JPB-CMS-5
____________________

Before JORDAN and LUCK, Circuit Judges.
USCA11 Case: 24-11785 Document: 53-2 Date Filed: 01/30/2025 Page: 1 of 2
Case 1:20-cr-00296-JPB-CMS Document 1171 Filed 01/30/25 Page 2 of 3

2
Order of the Court
24-11785
BY THE COURT:
Teldrin Foster has filed two appeals in this criminal action.
His first appeal is from the July 27, 2024, final judgment for his con-
victions and sentence. On November 1, 2024, he filed a second ap-
peal from the district court’s October 28, 2024, order denying his
motion for a new trial.
A jurisdictional question asked the parties whether Foster
has standing to appeal the October 28 order. Foster responds that
he has standing to appeal his convictions and sentence because they
aggrieved him. The government responds that Foster does not
have standing to appeal the October 28 order.
Foster does not have standing to appeal the October 28 or-
der because he expressly requested the district court to deny his
motion for a new trial, and the district court granted his request
without any deviation. See Wolff v. Cash 4 Titles, 351 F.3d 1348, 1353
(11th Cir. 2003); United States v. Pavlenko, 921 F.3d 1286, 1289 (11th
Cir. 2019). On the other hand, Foster has standing to appeal the
final judgment because he was aggrieved by his convictions and
sentence of imprisonment. See Wolff, 351 F.3d at 1353-54; Nation-
wide Mut. Ins. Co. v. Barrow, 29 F.4th 1299, 1301 (11th Cir. 2022).
Accordingly, this appeal is DISMISSED IN PART as to the
October 28, 2024, order and may proceed as to Foster’s convictions
and sentence.
USCA11 Case: 24-11785 Document: 53-2 Date Filed: 01/30/2025 Page: 2 of 2
Case 1:20-cr-00296-JPB-CMS Document 1171 Filed 01/30/25 Page 3 of 3

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