Well I was definitely wrong in my estimate of how long the Appellate Court would take to rule. The Oral Arguments were held two weeks ago. They issued their decision this morning affirming the Circuit Courts decision. Basically they agreed with the state and denied the appeal. Next step is to file a motion for rehearing or transfer to Supreme Court. It is one motion with two requests. First request is a motion for rehearing. If that is granted the Appellate Court will hear the case again. The difference is it wont be just Division One, it will be the entire Eastern District court. If they do not grant the motion for rehearing the second request kicks in; a request to have the cause transferred to theb Supreme Court. It is up to the supreme court to decide if they will hear the case. I am not absolutely sure of the timeframe but it is either ten or fifteen days that Dads attorney has to file the motion. The court takes it under advisement right away. There is no waiting for a response from the state. The court may or may not request information from the AG before ruling on the motion. No set timeframe for them to decide but it is generally not a long drawn out process. Thats basically all I know for now. Dad was glad they ruled quickly so we can move on to the next step. Thank you all for the continued thoughts, prayers, good wishes, whatever positive energy you have been sending, keep it up.
Posted on: Wed, 03 Dec 2014 02:35:52 +0000
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