Home -> Law Blog Directory -> Law Students Blogs -> Nuts & Boalts

Law Students

: Nuts & Boalts

I Have Not Yet Begun to Fight

The liberal blogosphere is abuzz with Sen. Stevens' latest argument that "There's not a black mark by my name yet, until the appeal is over and I am finally convicted, if that happens. If that happens, of course I'll do what's right for Alaska and for the Senate."

Stevens, I think, is channeling Ken Lay, the former CEO and Chairman of Enron, whose conviction was overthrown when he died pending appeal. And as a matter of general American jurisprudence, the rule is that a conviction is not FINAL, until all direct appeals are exhausted. For example, the one year deadline under AEDPA for habeas relief begins ticking when you exhaust your direct appeals (usually a denial of Cert by the SCOTUS). At the4 same time, he becomes a convicted felon when the court enters a judgment of guilty. So, Sen. Stevens has a point to the extent that as of now, he is not convicted and when he is, the conviction will not be final until he exhausts all direct appeals.

But he was found guilty of seven felony counts by 12 jurors. That's a mark next to the Senator's name that most people do not have. I think a nice rule of thumb is, if someone will not hire you as a janitor at a school, then you shouldn't hold an office of public trust. Of course, this says nothing about the absurdity of a sitting U.S. Senator making these "technicality" arguments--especially for someone who has worked tirelessly to hinder defendants' rights on appeal.

Full post as published by Nuts & Boalts on October 31, 2008 (boomark / email).