Alan over at Y’all recently reported Judge Wingate’s largely unreported denial of Paul Minor co-defendant John Whitfield’s motion for release pending Appeal, adding this link to the Order. Wingate hung his hat – or flipped his lid – guided by Rule 9(c) of the Federal Rules of Appellate Procedure:
The applicable provision in the instant case, Title 18 U.S.C. § 3143(b )(1), says that the defendant in this case shall be detained unless this court is able to find that the appeal raises a substantial question of law or fact…this court is not persuaded that the defendant has submitted any substantial question of law which would result in reversal or a new trial on all counts for which the defendant has been sentenced to prison. Therefore, the motion of the defendant to be released pending appeal is denied.
Earlier this week Whitfield filed an Appeal at the 5th Circuit and SLABBED was among the media outlets receiving a copy of the Appeal brief from his new counsel.
A review of the Appeal provides the opportunity to explore the basis for his appeal in the context of related information about applicable law, cases currently in litigation with similar issues, and the circumstances surrounding Mr. Whitfield’s relationship with Paul Minor and subsequent conviction.
In its review of Mr. Whitfield’s Motion for Release, the District Court applied the wrong standard in two instances, resulting in a flawed ruling that is clearly erroneous. Continue reading “Whitfield Appeal provides timely review of law re: judicial bribery, USA v Minor”