The State - News from Feb. 21, 1985

Defendants convicted of federal crimes can be released on bail while awaiting appeal if that appeal raises a “substantial” legal question, the U.S. 9th Circuit Court of Appeals ruled in San Francisco. In the case of Connie Handy, who was denied bail while appealing her conviction on heroin possession charges, the court ruled that U.S. District Court Judge Donald Voorhees of Seattle erred in his interpretation of a new federal bail law. Although finding that her appeal raised a substantial point of law (she had claimed that she was illegally strip-searched) Voorhees refused to free the defendant on bail because he said he did not consider reversal of the conviction “likely.” Such an interpretation, the appeals court said, would make detention during appeal almost automatic. The court also pointed out that the U.S. 3rd Circuit Court of Appeals reached a similar conclusion last month.