Posts Tagged ‘appeals’

So now we wait. A decision in 2-3 weeks will most likely be an order affirming the trial court without an opinion. If 6-8 weeks go by without a decision it could mean the court is taking the case seriously and writing an opinion. I’ve said this before, but this argument has been a complete waste of time. Who would’ve ever guessed six years worth of waste. It doesn’t matter really, the real waste is the argument itself. I can’t be surprised if Frank loses this round because even I’m not convinced his argument has merit. Irregardless, arguing to be resentenced is BS. Frank’s appellate arguments should be all about being exonerated and winning a new trial. This type of argument sends the wrong message to anyone paying attention. Then again, is anyone really paying attention?

If Frank wins this round it will sure give the media something to write about. FRANK GABLE WINS NEW TRIAL! Yeah, I can see it now. That’s pretty much what was written back in 2006 when the court shot down every one of Frank’s arguments except this ex-post facto issue. The media really jumped the gun then, and a headline like that now would be wrong as well. Oh there would be a trial of sorts, but only for a new panel of jurors to decide on resentencing. Not guilt or innocence.

This current decision is difficult to predict. On the one hand you would think the court wouldn’t want to rule in Frank’s favor, thereby allowing Frank’s case to come back into the media spotlight (and believe the appellate courts write their opinions with these things in mind), and on the other hand…if they rule favorably it will inevitably delay Frank’s case from reaching the fed level where he has his best chance of successfully arguing constitutional violations at his trial which could conceivably overturn his conviction. I know, sounds cynical, but can you blame me?

The state’s responding brief to the resentencing argument which has lingered for over five years is due next week on Sept. 2, 2010.
After that, Frank’s attorney will most likely ask permission to file a reply brief.  If that permission is granted, that will consume about another month.  After that, the case is set for oral argument, which takes another two or three months.  Then, the case is taken under advisement by the court.  A quick decision, which would most likely only be one affirming the trial court’s rejection of Frank’s claims is not what Frank’s lawyer is hoping for. He’s trying to win a reversal here.  Decisions reversing the trial court are usually not issued for three to six months after argument.  So, we’re still looking at nearly another year before a possible favorable decision from the Court of Appeals and if it’s a reversal we’re looking at another year or more to assemble a new jury for the resentencing.
All this time spent over the possibility of parole directly to a federal prison for another conviction Frank has which runs consecutive to his state charges. As I’ve said before, this is holding up his appeal from officially reaching the fed level.