Lawyers--What will a Libby appeal process look like?

[Jackpine Radical]

What grounds might he use, etc?

Does his current situation come down to a choice between making a deal for a lightened sentencing recommendation and taking a chance on a successful appeal, or would he have another opportunity to sentence-bargain after a failed appeal?

Which counts are most likely to be overturned on appeal? Realistically, what are his chances?

Inquiring minds want to know.

Thanks,
Jackpine

[Ian David]

1. I just hope they drag it out at least until November 2008. n/t

[liberal N proud]

2. How about we let him go free if he just tells us about Dicky's role in the matter

Freedom in exchange for Cheney's head. That will work for me.

[tridim]

3. I think that's exactly what happening behind the scenes.

Irving can't count on a pardon from a man who's still protecting Rove, and there's no way he'd survive in prison. He doesn't have much choice, unless I'm completely misunderstimating PNAC's power.

[Raven]

4. There is an earlier post

about the DC judges who might hear the appeal. Most of them are Republican appointees. BUT, I think Wells has to come up with a substantial error of law made by the judge during the trial. I did not watch the trial but there would have been objections to rulings by the defense and the defense, being overruled, would have "saved" those objections for appeal. I'm not an appellate lawyer, but I think that's how it works. This appeal process will be very dry and academic. It will be done mostly on written briefs and there will finally be oral arguments. Not very "sexy" for the press.

[Blackhatjack]

7. Appeals always involve a complete record of the trial, briefs by both sides, ....

and in many cases oral arguments are waived by the appellate court and the decision is rendered entirely upon the written record and briefs.

Oral arguments tend to provide the appellate judges with the opportunity to ask questions, and not so much the opportunity for the parties to argue what they should have included in their briefs.

THe rules for appellate practice are incredibily intricate, and you can get your brief rejected if it is printed with the wrong font, not enough margins, etc. THe rules of appellate practice have to be followed exactly.

WHile it is almost all done in writing, it is here that real issues are examined and decisions are reduced to writing -- which attorneys use to determine how similar cases would likely be decided. Without an appeal, there is no published 'report' of the trial and the reasons for the decision in the case.

[Blackhatjack]

5. This is what will happen next....

Libby's attorney will make a Motion JNOV(judgment notwithstanding verdict) to have the jury verdict set aside because it is contrary to the evidence presented at trial, or it is obvious that they failed to follow the law and/or the Judge's instructions. THis will be ruled upon by the trial judge and will fail.

THen there will be an official notice of appeal that must be filed.

Sentencing is presently scheduled for May 15, but you can expect that date to be pushed back several times in response to Defense requests for more time. During that time there will be a required 'pre-sentencing report' prepared and delivered to the Court prior to actual sentencing.

Most likely errors that will be raised on appeal will include: Defense claims they were not allowed to call all the witnesses they wanted to call(ie. Andrea Mitchell) and were limited in the questions they could ask. Some ruling by the court that limited the scope and amount of classified evidence that they should have been privvy to and allowed to use in court. Some objection that was overruled for the defendant, or sustained for the prosecution that served to impair defendant's right to a fair and impartial trial.

If there is evidence that the jury failed to follow the Court's instructions, there could be a motion for a new trial based on jury misconduct.

Just a few thoughts to get you started...

[no_hypocrisy]

6. Simply, an appeal that is based on an error during the trial that is

not harmless but rather substantial enough to warrant an appeal. Usually it's evidence that got in that the defense wanted to exclude by motion (but was denied)or evidence that the defense wanted to get in but was excluded by the trial judge.

[Jackpine Radical]

8. Thanks everyone for your insights. (nt)

[PhilipShore]

9. Who knows...

I am not a lawyer -- but I sued in Federal court the bank involved in my grandfather's estate in Miami Beach, Florida -- and the Federal appeals court in Georgia ruled in my favor, and the parties that I sued favor.

I received a 5 page written opinion in the mail from the 3 judges, whom were the most Conservative on the court, all Republicans.

In the appeals process, they give the parties a chance to have mediation, my guess is if Libby's lawyers don't take advantage of this; that the appeals court will let the verdict stand.

I did not ask for mediation, because I was a better researcher of current law, and was able to present my case better then the lawyers, for the bank.

I wrote a 50 page brief with the assistance of a paralegal, and another 5 page reply brief to the banks answer, to my appeal brief.