Comments on: Plea for bail in high-profile jury misconduct case http://www.scotusblog.com/2007/11/plea-for-bail-in-juror-misconduct-case/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Peter Goldberger http://www.scotusblog.com/2007/11/plea-for-bail-in-juror-misconduct-case/#comment-12640 Peter Goldberger Fri, 02 Nov 2007 04:31:31 +0000 http://www.scotusblog.com/wp/uncategorized/plea-for-bail-in-juror-misconduct-case/#comment-12640 The proper construction of 18 USC sec 1343(b) as applied to bail pending certiorari has been an undecided and difficult question since the Bail Reform Act was adoped in 1984. Does it require merely a "substantial issue," or a "substantial issue" <i>on which the circuit court (or Circuit Justice) finds that cert is likely to be granted</i>? I hope JPS writes about it, regardless of whether he grants or denies continued release to Ryan. Also, last I tried to check (some years ago) it appeared that since enactment of th BPA, not a single application to a Circuit Justice to overturn a court of appeals decision to deny bail had been granted. Does anyone know if that is still so? The proper construction of 18 USC sec 1343(b) as applied to bail pending certiorari has been an undecided and difficult question since the Bail Reform Act was adoped in 1984. Does it require merely a “substantial issue,” or a “substantial issue” on which the circuit court (or Circuit Justice) finds that cert is likely to be granted? I hope JPS writes about it, regardless of whether he grants or denies continued release to Ryan. Also, last I tried to check (some years ago) it appeared that since enactment of th BPA, not a single application to a Circuit Justice to overturn a court of appeals decision to deny bail had been granted. Does anyone know if that is still so?

]]> By: Dave Dudeny http://www.scotusblog.com/2007/11/plea-for-bail-in-juror-misconduct-case/#comment-12629 Dave Dudeny Thu, 01 Nov 2007 23:33:48 +0000 http://www.scotusblog.com/wp/uncategorized/plea-for-bail-in-juror-misconduct-case/#comment-12629 On reading SCOTUSblog's description of the application, I thought it had absolutely no shot, and was just your typical last-ditch application in a high-profile case. But then I read it. It's really, really good. I'd grant it. Even if I ended up denying certiorari. Which, given the fact-specific nature of the misconduct, I might. But the application would give me enough pause to keep 'em out pending disposition of the petition. Though I'd move on the petition pretty darn fast as a result; no extensions, etc. On reading SCOTUSblog’s description of the application, I thought it had absolutely no shot, and was just your typical last-ditch application in a high-profile case. But then I read it.

It’s really, really good. I’d grant it. Even if I ended up denying certiorari. Which, given the fact-specific nature of the misconduct, I might. But the application would give me enough pause to keep ‘em out pending disposition of the petition. Though I’d move on the petition pretty darn fast as a result; no extensions, etc.

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