Thank you for the update kma367 and welcome aboard. We've missed you. I must admit I'm not surprised at all.
 

kma367 wrote:

I can't say I was surprised, either.  Well, I was surprised that the attorney filed it, rather then leaving it to the Wifey.

I'm not a lawyer but I am wondering if Inmate's attorney did not miss the deadline for filing. He filed exactly 45 days after the ruling but I thought you are allowed only 45 days in civil cases.

Local Rule 40(c). Time Limits for Filing Petitions. The Court strictly enforces the time limits for filing petitions for rehearing and petitions for rehearing en banc. The Clerk's Office will deny as untimely any petition received in the Clerk's Office later than 45 days after entry of judgment in any civil case where the United States, or an agency or officer thereof is a party, or 14 days after the entry of judgment in any other case. The only grounds for an extension of time to file a petition, or to accept an untimely petition, are as follows:i. the death or serious illness of counsel, or of a member of counsel's immediate family (or in the case of a party proceeding without counsel, the death or serious illness of the party or a member of the party's immediate family); orii. an extraordinary circumstance wholly beyond the control of counsel or of a party proceeding without counsel.   


Edited to add: I was right and just now spoke to Christina and she confirmed they missed their deadline of 14 days to file. She also told me that the government does not even have to respond unless requested by the court.

Last edited by OneWhoCares (2/12/2019 6:07 pm)

byn63 wrote:

hi kma we missed you!

I wonder what hearing Z was at because from what I have read the Prosecution DESTROYED inmate's case.  The entire Jimmy Britt issue was a disaster for inmate and the DNA was of no help because the weight of the inculpatory DNA results seriously over powered the 3 measly unsourced hairs that are, of course, forensically useless!

It is just 24 pages of rinse and repeat, rinse and repeat!  
 

Thanks, Byn, Gwyka and OWC!  I didn't do the math, but it does appear that they missed the deadline by more than a couple of days.  I'll monitor the docket over the next week or so to see what happens.  En banc review is fairly rare anyway and the panel opinion was very detailed, so it's unlikely that the full court will grant review.

 

The utter implausibility of his every explanation and the underlying story itself should give everyone the peace of knowing the right man has been convicted