Sholom Rubashkin has filed a a petition for enbanc rehearing and also for rehearing by panel, which means he wants all the judges of the 8th Circuit Court of Appeals to sit together enbanc and review his appeal.
Originally published at 9:40 pm 10-11-2011
Sholom Rubashkin has filed a a petition for enbanc rehearing and also for rehearing by panel.
This means he wants all the judges of the 8th Circuit Court of Appeals to sit together enbanc and review his appeal, which was rejected by the 8th Circuit Court of Appeals a couple months ago.
For this petition to be acceptable, it must show that the appeals court ignored or overlooked a US Supreme Court decision or a decision of the 8th Circuit which contradicts a ruling or rulings the appeals court made in denying Rubashkin's appeal
It was filed by Mark Weinhardt, not by Nathan Lewin – which should tell you that not much hope is placed in this.
Having skimmed through this petition, it appears weak to me, but I'm no expert.
And you never know about these things until the ruling actually comes down.
That could happen at any time, but I'm told that two weeks from now is likely.
If the petition is denied, Rubashkin will have 90 days to file for US Supreme Court review.
There is no guarantee the US Supreme Court will take any appeal – it turns down almost every appeal it gets.
If the petition is rejected by the 8th Circuit Court of Appeals, and if Rubashkin appeals to the US Supreme Court and that appeal is accepted by the court for review, a decision would probably be handed down in the spring.
Here's the entire petition as a PDF file: