Thursday, December 11, 2014

 
VILLALOBOS GETS HEARING

The only motion pending at this time is his motion for release pending his appeal.  Pacer, the online system which posts all filings does not show a pending hearing.  But a witness has informed me that a hearing for February 2, 2015, has been set.  This is a problem with sources with agendas - not true.  The clear intent was to convince me Villalobos has a hearing on February 2, 2015, in Hanen's court.

BUT THERE IS A HEARING

The hearing is set for the week of February 2, 2015. The attorneys have been notified that during the week of February 2, 2015, the Federal Court of Appeals will hear his appeal.  How they intend to handle of all the sealed information I do not know.  If the hearing is a public hearing then everything in the sealed filings will automatically become public.  Their opinion will have to be a public opinion which will then result in release of all of the sealed information.  This is the absurdity with Judge Hanen's order sealing everything related to the alleged juror misconduct.

Do we really want a system wherein a court of appeals can seal its doors during oral argument of a criminal case?  Do we really want a system wherein the court of appeals can order its opinion sealed from the public?

This case only gets more bizarre by the minute and Villalobos remains in jail because he either fails to understand the value in taking the issue to the ABA Journal Technology reporter who understands this is a hot issue nationally, or he is getting some really, really bad legal advice.

Shortly after oral argument, the Court of Appeals could order his release pending a ruling.

No comments: