Tuesday, July 24, 2007

Bail Pending Appeal

Who gets bail, and who doesn't has certainly been a topic focused upon in recent days.  There is also the question of who is immediately taken from the courtroom upon conviction, and who has the benefit of reporting directly to the facility where the time will be served.  Recent years show that the answer to this question differs by judge, defendant, circumstances, and perhaps many unknown factors. For example, Jeffrey Skilling was denied bail pending appeal, so too for former Atlanta Mayor Bill Campbell.  Martha Stewart was allowed to remain free, but chose to do the sentence while the appeal was pending. And but for the President's commutation of "Scooter" Libby's sentence, he might have been off to prison very quickly. And then there was former HealthSouth CEO Richard Scrushy and former Alabama Governor Siegelman who were taken immediately from the courtroom into custody with bail denied. Unlike many white collar offenders they were not given the opportunity to report to the facility (see here).  The question now is what will happen to Conrad Black, and how about Former Qwest chief executive Joe Nacchio (see here).  Check out Doug Berman's Sentencing Law and Policy Blog where he discusses the bail issue in Nacchio and the recent addition to the legal team in the Conrad Black case.

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