Timeline for the s COA appeal. Disclaimer: I'm not a licensed attorney, but I do practice law vicariously.
1. The trial record is complete, and must be delivered to appellate attorneys by May 2.
2. Appellate briefs must be filed with the COA within 40 days for non-capital cases, 90 days for capital cases. Not sure which category hers fits into, given the LWOP rather than DP sentence, but since DP convictions automatically go to the AZC, Im assuming hers is reviewed as a capital case. If thats accurate, the s brief isnt due until August 2.
3. The COA doesnt like giving extensions (continuances). The Court permits one 30-day automatic continuance (as in, a no questions yes if requested), but is highly unlikely to grant a second request. Given her voluminous trial record, its probably a safe assumption her attys will go for the continuance; brief then due to the COA by September 2.
Upon receipt of briefs, the COA Clerk will set s case on the next available calendar of one of the COAs 5 panels of judges. Case calendars are posted on the COAs website at least one month ahead.
((Process: panels meet weekly. Before meeting, each of the 3 judges on the panel reads briefs, does research, and reviews any relevant parts of the trial record. If appellant attorneys have asked for and been granted oral argument (not routine) the panel will hear that argument on the same day as case conference. Panels typically decide the appeal on the same day as well, although the process of writing their decision takes a great deal longer, and can be delayed still further if a panel judge dissents or if the appeals issues are complex, or for a number of other reasons.))
COA isnt obligated by law to dispose of appeals within any set time but has set best practice goals:
1. 375 days. Filing to Disposition (initial post-sentencing filing of appeal through COAs written decision). In 2015 that goal was met 58% of the time. Delays are mostly due to what weve seen in s case---a backlog of obtaining trial record transcriptions.
2. 150 days. At-Issue through Disposition (time from trial record completion through written decision). In 2015, the COA met their At-Issue goal 84% of the time.
3. 90 days. Under Advisement to Disposition (time from a panels calendared conference through written decision). In 2015 that goal was met 78% of the time.
Based on the above
the earliest well hear that her appeal has been denied is 90 days after conference, December 3, plus whatever amount of time elapses between the COAs receipt of briefs through the date of the 3-judge panels conference to discuss her appeal (no less than one month, given the dates for conference are posted on COAs website at least one month prior).
Sadly for s fans, then, she wont be coming home for Christmas this year either. Perhaps shell treat herself to extra packages of sardines as she rings in her new year at Perryville, still waiting for the COA to get back to her on that appeals thing.