Re: Appeal Thread - All Discussion / Update: Murray Filed for Appeal
The Court ruled today "Appellant's (Conrad Murray) December 18, 2012
application to extend time to file the opening brief is denied".
Thanks Ivy .. I placed the tweets in order to make it eaiser to read
From Michael McParland Twitter ?@MMcParland
In October, the Appeals Court granted Murray's lawyer a final extension until Friday 21 December to file his appeal brief.
The Court made it clear in October that no further extensions of time for filing that Appeal brief would be granted.
The Appeal Brief is the written document that sets out the grounds on which Murray will claim is conviction was wrong.
Without the Appeal Brief being filed in time, Murray's appeal would be dismissed. No brief: no appeal.
So given that the final date for the brief was also the same day as the End of the World, you might think he'd file on time.
But instead of filing the Appeal Brief as the Court ordered Murray's lawyers did two things today.
Any guesses as to what you think Murray's lawyers have asked the Court of Appeals to do?
What would you do for your client who is inside when there's less than 3 days until the End of All Life On the Planet?
The First thing Murray's lawyers did was file a bail motion. Careful: a bail motion can be confused with a bowel motion.
In this motion, Murray asked that he be released on his "own recognisance" pending appeal, ie he'll be good and show up. Yes!
Alternatively if letting him out because he promised to be a good boy wouldn't work, he asked for reasonable bail.
I should add that no application for bail was made on the basis of the imminent end of the World. Well, not yet anyway
The Court then phoned Deputy Attorney General, Victoria Wilson: any objection to the bail motion to be filed by 31.12. 2012.
You might be forgiven for thinking that objections to Murray's bail motion would be short and distinctly Anglo-Saxon in tone.
But that's not how us lawyers work. We prefer Latin terms to register Contemptibus Maximus than the more familiar vernacular.
So having made his bail motion, Murray's lawyers then did exactly what they told would not be allowed by the Court in October.
So Murray's Appeal Brief by Friday or it's game over, and a ruling on Murray's bail motion probably early in the New Year.
Yes, they asked for a 45 day extension in order to file their Appeal Brief. Until February 2013. (When the world won't exist).
But sadly for Murray's lawyers, their time to file a brief runs out on Friday,just like the Mayan long count calendar.
The Court ruled today "Appellant's December 18, 2012 application to extend time to file the opening brief is denied".
So Murray's Appeal Brief by Friday or it's game over, and a ruling on Murray's bail motion probably early in the New Year.
For those who want to know what Murray's brief will consist of, here is the relevant court rules:
The brief is limited to 14,000 words. That's an awful lot of words to write when you've got nothing worthwhile to say.