Qwest's Joe Nacchio Still Trying for Appeal Bond
Former Qwest CEO Joe Nacchio is trying hard to avoid reporting to federal prison on March 23. In the past week, he's filed a motion for new trial based on newly discovered evidence in the trial court and, in the 10th Circuit, a request for continued bail pending the disposition of an as-yet unfiled petition for a writ of certiorari to the Supreme Court.
The Tenth Circuit dismissed his bond request (pdf)saying he should have filed it in the trial court. It said if he gets denied there, he can come back to the appeals court.
He filed the request yesterday in the trial court and today it was denied (pdf) -- because the Bail Reform Statute doesn't apply to petitions for cert that haven't been filed yet. The trial court said the denial was without prejudice, meaning if he cites the correct authority for allowing bail before the writ is filed, he can try again. [More...]
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