Live from the Supreme Court, pt II

Preliminaries are over, here's a summary of oral argument on the bond issue:

Prompt start. 10 mins each for the bond argument, 20 mins for habeas each.

BJ Bernstein starts, arguing importance of each day behind bars is precious, she had 2 clients die behind bars while on appeal.

BJ is a little rattled, couple little verbal flubs.

Arguing that habeas bond statute is completely separate from regular appeals bond. Judge Sears has the first question, doesn't the habeas bond statute refer to all criminal cases thus incorporating criminal bond restrictions? Bernstein says this is not a criminal appeal, it's a civil habeas appeal.

Sears really honing in that statute only applies to criminal appeals, Justice Curley buts in and says once there's an appaeal from habeas it's the same.

Bernstein making the strongest argument, once habeas judge rules prisoner should be released, every extra day in jail is a continued injustice.

Sears asked why murder is different, why has the court denied this argument in murder cases? Bernstein says it's excepted out by statute.

Hunstein clarifies that they are only asking for a normal bond hearing, not arguing bond must be granted.

McDade arguing for the state:

Argues statute requires certificate of immediate appellate review which Wilson did not do, so the Supreme Court cannot hear the appeal. Justice Curley cites a case that allows for direct review by the Supreme Court. McDade reading from other cases finding no jurisdiction without the certificate.

McDade argues that there is no right of appeal constitutionally and must be granted by statute which can prescribe requirements for bringing an appeal.

If the court decides to consider the issue, McDade aruges that the statute states unequivocally that it applies to habeas bond.

(If you heard coughing at this pt on the webcast that's me. I'm fighting a tickle that is making my eyes water.)

McDade arguing that appeal bond applies to all post-conviction proceedings, so Judge Emerson did not have to hold a hearing. No bond eligibility ever, the end.

No real questions for McDade.