Comments on: Government: No bail in Ryan case

By: Bruce Wayne Cobb

Bruce Wayne Cobb — Tue, 06 Nov 2007 21:08:18 +0000

This comment may be moot in light of Justice Stevens’ decision. The Government’s statements
that the trial court’s rulings were “fact bound”
mystifies me. What happens to that duty of candor to the Court? The Government has never seriously challenged the underlying facts surrounding the jury misconduct.The abuse of discretion standard does not always insulate these contentions from appellate review where important legal issues are at stake. No matter what happens on the bail issue, the circumstances may merit certiorari.

By: Peter Goldberger

Peter Goldberger — Tue, 06 Nov 2007 17:26:09 +0000

The SG’s response (see esp. pp. 10-11) confirms my comment on your earliest post, when the bail application was filed, that the proper construction of 18 USC 3143(b)(bail pending appeal), as applied to the certiorari stage, is a difficult problem under the language of the statute, which the Members of the Court, as Circuit Justices, have regrettably ignored for more than 20 years. I hope Justice Stevens takes it on, whether or not that results in Ryan’s being granted continued bail.