Tuesday, September 01, 2015

SCOTUS: Bond for ex-Governor

I've never seen the Supreme Court do this before, but it granted bond for former Virginia Governor Robert McDonnell yesterday in this order.  From the Richmond Times-Disptach:
In a surprise to some observers, the U.S. Supreme Court on Monday allowed former Gov. Bob McDonnell to remain free while the justices decide whether to take up his appeal.
In a one-paragraph order, the high court told the 4th U.S. Circuit Court of Appeals to hold off on making its July 10 ruling upholding McDonnell’s 11 corruption convictions final, permitting McDonnell to remain on bond.
Should the justices not take the case, the stay ordered on Monday will end automatically. If the court takes the case, the stay will continue, the court ordered.
“Wow,” said Randall Eliason, former chief of the Public Corruption/Government Fraud Section at the U.S. Attorney’s Office in Washington. “It suggests there is some level of interest at the Supreme Court in reviewing the case, even though not a single appellate judge in the 4th Circuit agreed with his arguments.”
Henry Asbill, one of McDonnell’s lawyers, said, “We’re very grateful for this order and we’re gratified that the justices recognize that this case raises substantial and important legal questions and we look forward to a full merits briefing.”
Lower courts should take a cue from the High Court that appellate bonds are okay!


Anonymous said...

crony justice. didn't markus's client do 3 years in prison on a case where the govt had no evidence?

Anonymous said...

SD Fla. judges are much tougher on bond pending sentencing, appeal, etc. than judges elsewhere. I think once burned, a judge is understandably going to be very skeptical of granting post trial bond.

Anonymous said...

Exactly how does a judge get burned? What is the rate of post-trial defendants who fail to appear ? Fail to appear and are never found?

Rumpole said...

Appellate bonds are fine and dandy for ex-governors.