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Search NMCI am Tom Freeland,
a lawyer in Oxford, Mississippi. The picture in the header is my law office.
I'm on Twitter as NMissC
I started (co)blogging as NMC in early 2008 on the Folo blog, (with coblogger Lotus); that blog went on hiatus in March, 2009.
In 2005, I covered Fifth Circuit cases for the (now defunct) Appellate Law and Practice blog.
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Fifth Circuit says no bail for Paul MinorReasoning that they’ve already been asked (and said no), and that the leave to see his wife being requested is a matter for the Bureau of Prisons, the Fifth Circuit denied Paul Minor’s request for bail pending appeal. Here is the brief order. h/t to a reader. April 9, 2009, 5:43 pm | Tags: Fifth Circuit, Law: National, Paul Minor | Category: Judicial Bribery Scandal, Law: National |
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what is the thinking here? or lack thereof? I am ashamed of my country.
BoynamedSioux,
The thinking here is that when you get sent to prison, you don’t get to go visit your wife anymore.
Off topic: Casey Anthony’s parents became quite peeved at questions put to them in a civil deposition. Quite an arrogant response from parents of a baby killer.
Federal prisoners are furloughed every day for family emergencies. So, Commentor, the thinking here is that Minor is being treated much differently than other, similiarly situated prisoners, and for no apparent valid reason. If Minor’s conviction is affirmed, he deserves what he got; but what if, just if, this conviction is reversed per the pointed questions of the three judge panel at the oral argument, and Minor is released? Will it all be OK if then he is able to visit his wife’s grave? Will the United States just say “oops”, grin, and walk away? What a dumbass argument that he might get drunk and be a danger to the community [per Clarion Ledger article].
BoynamedSioux @ 4:40 I have often asked if it is standard BOP practice to allow an inmate to visit a gravely ill family member. Are federal prisoners furloughed every day for family emergencies? Is this true for felons of similar convictions? I suspect Minor’s previous breaking of the rules while out on bond is the major influence for the BOP’s decision. I agree with the court’s decision. BOP should make this decision.
Is his dying wife even conscious? Is she his wife or ex-wife? Were they separated prior to his incarceration? If conscious, does she remember him and know him? Does she want him there? These questions are not meant to be insensitive, but ones I think are critical to the practical aspects of Minor’s request, before even considering the legal arguments.
He has been given permission to visit her, and presumably has done so. What he is seeking is to be her bedside until her death, which obviously has been denied. Some say its unfair, others say it is SOP. The 5th Circuit, apparently, was not impressed with the arguments for indefinite release.
Bottom line: Don’t do the crime if you can’t do the time.
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