Tuesday, January 26, 2016

IF ALLEN STANFORD WANTS TO PETITION THE US SUPREME COURT, THE CLOCK IS TICKING



Having lost the appeal to the Fifth Circuit that he had as a matter of right, convicted Ponzi schemer R Allen Stanford, has only until April 19, 2016 to file a Petition for a Writ of Certiorari, to the United States Supreme Court, which is the court of last resort for Stanford. The appellant's 110-year sentence means that he will die in Federal custody, and not survive his release date, which is in the next century, in 2105. A motion intended to revive to his failed appeal was denied on January 20, 2016, and the 90-day filing period deadline period therefore begins to run from that date.

Inasmuch as Stanford diligently exhausted each and every avenue available to him at the Fifth Circuit Court of Appeals, you can expect that he will attempt to get the attention of the highest court in the country, though the chances that the Court will agree to hear his case are extremely slim.



Only a small fraction of the petitions filed each year are granted. His case does not appear to be one where the appeals court decision conflicts with those of other circuits, nor decides an important Federal question that conflicts with other decisions. A petition for a Writ of Certiorari is seldom granted in those cases where the Court made erroneous findings of fact, or where it failed to properly apply the rule of law.


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