Thursday, October 30, 2008

Good News for Stevens

While Ted Stevens (R-The Tubes) is facing some bad poll numbers in the wake of his fraud convictions this week, at least he's picked up one vote - his own. Looks like he will be able to vote in this election after all:

Stevens' failure to report gifts is a Class D felony under federal law and constitutes such a crime because it involves willful fraud, said an opinion by Michael Barnhill, a senior assistant attorney general with the state.

But when is a person deemed convicted? Barnhill conceded in his opinion there are two ways to read the law, with a popular interpretation being that the jury's verdict is enough. But most legal precedents lean toward waiting until the judge in the case has entered his formal judgment and sentence, Barnhill said.

No date for sentencing Stevens has been set.
That actually makes perfect sense and I'm peeved with myself for not thinking of it the other day, given my line of work. I can't take anyone's case up on appeal until they've been sentenced. The final judgment and commitment order doesn't get entered until after sentence is imposed, so things technically are flexible until then.

2 comments:

S.D. Smith said...

Well, I can see that we would likely not be on the same page when it comes to politics, but I have enjoyed your blog nonetheless. I appreciate the fiction-writer I see in you.

Not making a joke about your politics there, either.

I was trying to avoid blogging politics, but I have decided to go ahead and spout off a little right before the campaign is over, then resume blogging about writing, the arts, faith, etc.

Best of luck in your fiction and everything else you do.

JD Byrne said...

Thanks for the encouragement, Samuel. Same to you.