Quote:
Originally Posted by ShadowRoll
The "kangaroo court" is the New York Court of Appeals, the highest court in the state. I think they have discretionary review, which means that they can decide to not hear the case and that's the end of the line (unless his attorneys can come up with some basis to file an appeal in federal court). Good thing he's on a roll right now because the legal fees have got to be murder.
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I'm not sure how this plays out time-wise. Usually, his attorney would have to file a motion with the court for permission for leave to appeal. That request would typically be denied, unless the Court of Appeals believed there was an important legal issue involved.
If I recall correctly, the two exceptions when a right to appeal to the Court of Appeals exists is when two judges at the appellate level dissent (not the case here), or where a federal Consitutional question is involved, as the highest state court is the next stop on the way to US Supreme Court. Needless to say, if that is the case, then the appeal process could become far longer. I have thought for some time that Dutrow's attorney knew it was likely that he was going to lose, but by invoking the Due Process argument involving Sabini, he may have found a creative way to drag this out another 18-24 months.