Bill Cosby Sentencing IssuesApril 27, 2018
I am quoted in the attached article regarding sentencing options for Cosby.
The defense team is vowing to appeal his conviction.
As he left the courthouse Thursday, lead defense attorney Tom Mesereau vowed, “The fight is not over,” indicating his intent to appeal. However, an appeal cannot proceed until Cosby is sentenced.
“After the day of sentencing, you have 10 days to file a motion for reconsideration for certain things, like there wasn’t enough evidence to convict or something is wrong with the sentencing,” Zeiger explains. “The 10-day motion stops the clock on everything. … It’s there intentionally for certain things that allow a trial court to correct simple mistakes.”
Next, he says, the judge would have the power to correct the mistake pointed out in the 10-day motion and remedy it. “It could be a new trial; it could be new sentencing. If the 10-day motion is denied, the case moves to a higher court and the judge then just has to write an opinion explaining why he ruled a certain way and then the superior court has jurisdiction at that point.”
He adds that if the issues the defense plans to raise on appeal don’t fit the parameters of a 10-day motion, they can immediately file a notice of appeal within 30 days of sentencing. “But if you don’t put (the tiny mistakes) in the 10-day motion, you can’t appeal them at a later date.”
Thanks Jayme Deerwester.