Litigation

"Full appellate court to review Nacchio case"

The Rocky Mountain News has an update headlined "Full court will review Nacchio conviction."

And Reuters reports that "Court to review overturning of Nacchio conviction."

Nine judges took part in issuing today's order of the U.S. Court of Appeals for the Tenth Circuit granting the federal government's petition for rehearing en banc, which means that at least five judges voted to rehear the case.

You can access at this link the original three-judge panel's ruling, which ordered a new trial by a 2-1 vote. The federal government's petition for rehearing en banc can be accessed here. And defense counsel's response in opposition to the petition for rehearing en banc can be accessed here.

Today's order schedules the reargument to occur on September 24, 2008 in Denver. The order directs the parties to file briefs within thirty days from today addressing four specified issues. Here's hoping that the lawyers in the case were already planning to spend the entire month of August at their desks instead of on vacation.

Full post as published by How Appealing on July 30, 2008 (boomark / email).