Newspapers and this blog have talked about three appeals made by James Tobin’s lawyers after his conviction for Phone Jammer Gate. Are they meaningful objections… or just one more excuse to keep Tobin from being questioned under oath in the civil suit against the RNC?
Now, with her permission, I welcome guest blogger Marie Devine, Attorney at Law, whose (informal) opinion is more educated than mine.
Hi Bets,
Thanks for the documents.
First, I must give the following “caveat”: I do not now and have never practiced criminal law in either State or Federal courts. My own litigation experience is mostly in civil litigation and though I’m licensed to practice in NH. I have not actively practiced law in NH since 1987. Most of my legal experience has been in the State of Florida.
That said, I can provide some general legal information that is pertinent.
As to our earlier discussion on news reports that Tobin has “appealed”:
His attorneys have not filed an “appeal”. What they have filed are post-judgement motions in the Federal District Court of NH –which was the trial court. An “appeal” is an action filed in the court having appellate jurisdiction over the trial court, which in this case would be the United States Court of Appeals for the First Circuit (the circuit within which NH sits). The US Court of Appeals for the First Circuit is located in Boston. Appeals from rulings made by the Courts of Appeals go to the US Supreme Court in Washington.
Anyway, the Motions filed ask for: “Arrest of Judgment”, “Acquittal”, and a new trial. The arguments put forth in the Motions are all issues that were considered and denied by the trial judge during the trial. In other words, they are a rehash of the same old defense arguments. Such motions are rarely granted by trial judges, who have already carefully considered the issues, the facts, and the law and who have already ruled on them.
Th docket reveals that these motions were argued before the judge on March 17, 2006 and “taken under advisement” by the Judge. Apparently, he has not yet ruled.
So, the case basically sits in limbo right now. Appeal, at this point, would be premature, as the trial court is still considering the post-judgment motions. Works for them!!
Love, Ri