esqappellate
President, MSI
- Feb 12, 2012
- 7,408
As noted by others, they have filed a motion for a stay. What you may be thinking of is a notice of appeal. A notice of appeal is not filed until the Rule 59(e) motion is decided. The pendency of that Rule 59(e) motion means that the time to file a notice of appeal has not yet started to run. It would be premature if it was filed now. Judge Legg is likely to rule on the stay and on the 59(e) motion at the same time. We will have a much better idea of where we are when that happens. None of this is necessarily simple.I was under the impression that the state has yet to file a motion for a stay?