Home -> Law Blog Directory -> Criminal Law Blogs -> Puerto Rico Association of Criminal Defense Lawyers

Criminal Law

: Puerto Rico Association of Criminal Defense Lawyers

Steps for Release Pending Appeal

By Tom Lincoln

To assist those who may have clients with cases on appeal presenting Blakely issues, and whose sentences may already be served if Blakely violations happened and had to be resentenced without any enhancements, I am reproducing -without identifying data- an exchange from a First Circuit CJA Group listserv: Appellant is currently incarcerated for 15 months and has filed a Blakely Brief. If the court rules in favor of the Appellant, Appellant's sentence of incarceration should be 6 months. The government has not filed it's brief yet and the 6 month date is coming up. I have filed a Motion to expedite a decision or oral argument, but can I file a FRAP 9(b) Motion for Release Pending Appeal without going to the District Court first? Can CJA Appellate Counsel even represent Appellant in the District Court? Is there another (better) procedure for release pending appeal in this circumstance?The following reply was thereafter posted: Forwarded your question to Peter Goldberger in Ardmore, PA, an appellate guru...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on August 05, 2004 (boomark / email).