Canadian rapper Tory Lanez is still determined to secure his release on bond while he appeals his conviction in the Megan Thee Stallion shooting case, despite an initial denial.
Tory Lanez bond denied: Lawyers claim rapper’s still hopeful
Lanez’s legal team, including Ceasar McDowell, CEO of Unite the People and a member of his defence, revealed that Lanez remains optimistic about his legal future.
Following the judge’s recent decision to deny his bond request, Lanez contacted his lawyers to discuss his next steps, per TMZ.
READ MORE – READ IN FULL: Iggy Azalea letter pleading for lenient Tory Lanez prison sentence
Despite this setback, Lanez is focusing on the future and plans to file an emergency motion in a bid to reverse the judge’s decision.
He believes that a higher court may be more receptive to his plea than the trial court judge who issued the recent ruling, which currently keeps him incarcerated.
What are Tory’s options after his bond request was denied?
We did a bit of research on the rapper’s likely options and this is what we uncovered.
The likely course of an appeal for a person convicted of assault with a firearm, illegal possession of a firearm, and negligent discharge of a gun, who has been sentenced to 10 years by the Los Angeles County Superior Court, would typically involve several stages in the appeals process.
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Here’s an overview of what might happen:
Notice of Appeal
The first step in the appeals process is to file a notice of appeal. This document formally notifies the court that the defendant intends to appeal the conviction.
It must be filed within a specific timeframe after the conviction, often within a matter of weeks.
Appellate Briefs
Once the notice of appeal is filed, the appellant’s attorney will prepare appellate briefs.
These documents outline the legal arguments for why the conviction should be overturned. They may argue that errors were made during the trial, that evidence was improperly admitted, or that the sentence was too harsh, among other possible arguments.
Response by the State
After the appellant’s briefs are filed, the state (usually represented by the prosecutor’s office) will have the opportunity to file a response brief, addressing the arguments made by the appellant.
Oral Arguments
In some cases, there may be oral arguments before an appellate court. Attorneys for both sides present their cases, and judges may ask questions.
Appellate Court Decision
The appellate court will review the arguments and the trial record.
They may issue a written decision either affirming the conviction, overturning it, or ordering a new trial.
If they overturn the conviction, they might also specify whether a new trial is warranted or if the charges should be dismissed.
Further Appeals
If the appellant is dissatisfied with the decision of the appellate court, they may seek further review. Depending on the circumstances, this could involve appealing to a higher appellate court, such as the California Court of Appeal or the California Supreme Court.
Federal Habeas Corpus Petition
If all state appeals are exhausted, the appellant may file a federal habeas corpus petition in federal court. This can be a complex and lengthy process, and federal courts typically review whether there was a violation of federal constitutional rights.
U.S. Supreme Court
In very rare cases, an appellant may petition the US Supreme Court to review their case.
The Supreme Court has discretion and only accepts a small number of cases each year.
It’s important to note that the appeals process can take several years, and there are strict deadlines for filing appeals at each stage.
The likelihood of success in an appeal depends on the specific circumstances of the case, the strength of legal arguments, and whether errors were made during the trial.