Listen Now: Morning News

Don Blankenship’s request for a full re-hearing is denied

CHARLESTON, W.Va. — A federal appeals court has denied former Massey Energy chief executive officer Don Blankenship’s request for a full re-hearing of his appeal.

The denial came in the form of a one-page document.

It boils down to no judge on the Fourth Circuit Court of Appeals in Richmond being particularly interested in hearing Blankenship’s case again.

“The petition for rehearing en banc was circulated to the full court. No judge requested a poll under Fed. R. App. P. 35. The court denies the petition for rehearing en banc.”

MORE: Read the denial of Blankenship’s request for a full re-hearing.

On Feb. 10, Blankenship’s legal team filed a request to vacate an earlier decision by a panel of appeals judges that affirmed his misdemeanor sentencing in U.S. District Court. The motion was for all the judges of the Fourth Circuit to hear the appeal anew.

Of that kind of case, known as en banc, the Fourth Circuit heard only four in 2016, none in 2015, three in 2014 and two in 2013. The court has 15 seats for active judges. There are two judges who have retired into senior status but who remain on the bench.

MORE: Read the motion for re-hearing.

A request for a rehearing is usually filed if the losing party wants to dispute a finding of fact — or if it believes the appeals court used a wrong element of the case or the law to reach its decision.

In this case, Blankenship’s defense team argued that the three-judge panel that heard his earlier appeal approved a meaning of “willfulness” at odds with precedent that a criminal defendant would know his conduct was unlawful.

Blankenship’s lawyers also contended the panel erred in not concluding that Chris Blanchard, a key witness who ran the Upper Big Branch mine, should have been made available for re-cross examination.

Blankenship was sentenced to one year in prison on a misdemeanor charge of conspiracy to willfully violate mandatory mine safety and health standards. He was charged after the 2010 explosion at the Upper Big Branch mine killed 29 workers. The conviction was handed down in U.S. District Court in 2015.

Blankenship reported to prison on May 12, 2016.

The three-judge panel for the Fourth Circuit U.S. Court of Appeals in Richmond heard arguments by Blankenship’s attorney, Bill Taylor, as well as from Steve Ruby of the U.S. Attorney’s office on Oct. 26.

In the October appeals hearing, Blankenship’s attorneys contended that jurors were wrongly instructed about the meaning of “willful disregard.”

Lawyers for Blankenship also argued Judge Irene Berger’s jury instructions did not properly define and weigh the presumption of innocence.

The three-judge panel on Jan. 19 upheld Blankenship’s conviction. Senior Judge Andre M. Davis was on the panel that also included Judge James A. Wynn Jr. and Chief Judge Roger L. Gregory.

The panel, citing precedent, didn’t buy those arguments: “After careful review, we conclude the district court committed no reversible error.”

 

 

 





More News

News
MetroNews This Morning 3-29-24
Summary of West Virginia news, sports, and weather for Friday, March 29, 2024
March 29, 2024 - 6:24 am
News
Dunlow Volunteer Fire Department closes
The Dunlow VFD did not have a valid workers compensation insurance policy.
March 29, 2024 - 1:23 am
News
As Yeager Airport's Wildlife Patrol Dog turns 7, a new dog comes in to learn from him
The new Border Collie is getting acclimated and receiving training for his soon-to-be role.
March 28, 2024 - 6:30 pm
News
PEIA examines financial effects of new law meant to ensure local pharmacies get fair reimbursements
Gov. Jim Justice signed Senate Bill 453 into law this week.
March 28, 2024 - 4:11 pm