Monday, July 27, 2009

Ninth Circuit Grants Bail Pending Appeal for Former Orange County Sheriff

The Ninth Circuit Court of Appeals granted former Orange County Sheriff Michael S. Carona's motion for bail finding that "[t]he parties agree that appellant is not likely to flee or to pose a danger to the safety of any other person or the community if released."  The Ninth Circuit found that Appellant met the second test for bail - his appeal "raises a 'substantial question' of law or fact that is likely to result in reversal, an order for a new trial, or a sentence that does not include a term of imprisonment, on all counts on which imprisonment has been imposed."  The Ninth Circuit sent the bail issue back to the trial court to set "appropriate conditions of release."  The former sheriff had been convicted on one count and acquitted on five counts (see LA Times here)

Ninth Circuit's Bail Order - Download O.C. Sheriff - 9th circuit grants bond pending appeal

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http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/07/ninth-circuit-grants-bail-pending-appeal-for-former-orange-county-sheriff.html

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