Appellate Practice

Justice Stevens Considers Ryan Sentence

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Prosecutors have been asked to prepare a response to a long-shot emergency bail application to an individual U.S. Supreme Court justice, made in an effort to delay the start of a prison sentence for former Illinois Gov. George H. Ryan Sr. in a political corruption case.

After receiving yesterday’s filing, Justice John Paul Stevens asked prosecutors to respond by Monday, reports SCOTUSblog, which also provides a copy of the emergency application (PDF). Ryan is now scheduled to start his six-and-a-half-year prison term on Wednesday.

The defense is seeking bail so that Ryan doesn’t have to start serving his prison sentence until the Supreme Court decides whether to accept an appeal of his conviction. The appeal is largely based on acknowledged irregularities in the way Ryan’s trial was conducted, which have generated fierce disagreement among the judges on the Chicago-based 7th U.S. Circuit Court of Appeals.

“The Seventh Circuit Court was divided 2-1 in upholding the convictions, split 6-3 in refusing en banc review of the case, split 2-1 in rejecting a plea to stay the mandate so that the two could remain free while they appeal to the Supreme Court, and divided 2-1 in refusing to put that bail issue before the en banc court,” the blog recounts. “The dissenting judges in these actions complained of a ‘travesty’ at the trial and suggested that the Circuit Court majority had turned ‘a blind eye to the realities of what occurred.’ “

More details of the 2-1 decision and the refusal to grant en banc review are provided in earlier ABAJournal.com posts.

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