“It’s awfully hard to overturn on one plain error of jury instructions,” Siler said.
True has asked the court to dismiss the charges, if not on any single one of his arguments, then on the cumulative effect of them. If the judges don’t see fit to dismiss, he has asked them to consider, in alternative, remanding the case back to U.S. District Court for a new trial.
At the conclusion of the hearing at Potter Stewart Courthouse in Cincinnati, Flynn said she is not permitted to comment, referring questions to a public affairs office.
True declined to speculate about how he thinks to judges will rule.
“It’s always difficult to tell, but it’s always difficult to overturn a conviction, so we’ll just have to wait and see,” he said.
Eaton was not at the proceeding.
“Generally, clients are not at the Court of Appeals,” True said.