We do the same for 1st degree murder cases in NM. It's a relic of capital sentencing here, I'm guessing less of a relic in GA. Courts don't want to waste time in intermediate courts in capital cases for some reason.
That's wild; the Court of Appeals here doesn't have any jurisdiction over factual disputes, so you couldn't raise a fact- based appeal if you skipped the Appellate Division.
Except in a capital case! We have the same rule for appeals from a death sentence and COA is authorized to review facts on a capital appeal. It’s just that we don’t do those anymore, so it’s kinda moot.
Yeah but a criminal contempt would be a new case with Mr Steele as the defendant. That would presumably go to the Court of Appeals. But it would also have a stay done essentially immediately, I suspect.
The appeals court came out today or yesterday with an order punting it directly to the state supremes.
I’m a bit murky on the deets, but I believe Steel filed at the Supreme Court first, then at the appeals court just in case.
This doesn't strike me as at all surprising. The fact that Glanville ordered weekend arrest means that there's no hurry to throw Steel in jail. So there's no harm done if the court eventually decides that Glanville was right and Steel did commit criminal contempt.
(He didn't, of course.)
Andrew, do you think Glanville would let the Supreme Court see the transcript if they ask nicely?
I'd normally say that was a joke but now he could be condoning perjury and I kinda wonder if I am joking...
Does the cert grant versus assessing mandatory jurisdiction indicate any view of the merits? Presumably they think this is worth hearing even if they maybe don’t have to?