“Speculation is running rampant about the need for a “hook” to get the Supremes to consider cert on the bogus Bragg conviction.”
It ls called an emergency appeal and is made to the circuit Court of which about half the judges were appointed by republicans.
The request for a stay is called an application – a brief that summarizes the facts and history of the case and outlines the arguments why the lower court’s ruling should be put on hold. The application for a stay goes, at least at first, to just one justice, known as the “circuit justice,” who handles emergency appeals from the geographic area where the case originated. The circuit justice can grant or deny the application on her own, or she can refer it to the full court for all of the justices to vote on it. The circuit justice also may order the other side in the case to file a brief responding to the request; depending on the case, that brief may be due within a few days (if not sooner).The request for a stay is called an application – a brief that summarizes the facts and history of the case and outlines the arguments why the lower court’s ruling should be put on hold. The application for a stay goes, at least at first, to just one justice, known as the “circuit justice,” who handles emergency appeals from the geographic area where the case originated. The circuit justice can grant or deny the application on her own, or she can refer it to the full court for all of the justices to vote on it. The circuit justice also may order the other side in the case to file a brief responding to the request; depending on the case, that brief may be due within a few days (if not sooner).
I’m guessing the circuit judge for NY is probably Kagan or Sotomayor in which case, they’ll deny it