We hit the jackpot today with filings in Brett Kimberlin’s case in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. There are four of ’em.
The first is his reply brief to the the Department of Justice opposition brief.
The second is a motion asking the court to appoint a freebie lawyer to handle oral argument in the case.
The third is a motion asking for a freebie lawyer to file an amicus brief supporting Kimberlin’s arguments about testimony from witnesses who had been hypnotized.
The four is a motion seeking to combine the current appeal with another he is trying to file, and there are a couple of docket entries for the new case. It seeks to attack some of the Speedway Bomber convictions because four-decade old hair samples are not available for DNA testing.
The first docket entry in the DNA case is the paperwork filed with the District Court giving notice of the appeal. The second is a notice from the Court of Appeals saying the District Court reports the filing fees haven’t been paid (although Kimberlin’s letter to the District Clerk say the funds are enclosed), and that the case may be dismissed if he doesn’t pay up or qualify for pauper status.
Unless the court grants the motion for an amicus brief or combines the appeals, the case is fully briefed, and the next move belongs to the judges hearing the appeal.
BTW, If Kimberlin’s arguments concerning the testimony of hypnotized witnesses had any legal merit, shouldn’t some defendants’ rights lawyer have filed an amicus brief already?