by Glynn Wilson

(LFJ) - The Eleventh U.S. Circuit Court of Appeals in Atlanta has ordered a new hearing before Chief U.S. District Judge Mark E. Fuller on the issue of whether former Alabama Governor Don Siegelman should be released from prison pending the outcome of his appeal.

A three-judge panel remanded the case back to Fuller, arguing that it appears as if Siegelman's lawyers never properly filed a motion for his release on appeal. The ruling also seems to take the judge to task for discussing the issue of Siegelman's release on appeal and not fully explaining why the former governor was jailed immediately instead.

"The district court made comments in the course of denying Siegelman’s motion to surrender voluntarily to prison which may reasonably be interpreted as a finding that Siegelman was ineligible for release pending appeal," the ruling indicates. "Regarding Siegelman’s motion for release pending appeal, the Government’s response to the motion, and Siegelman’s reply to the Government’s response are hereby REMANDED on a limited basis, for expeditions consideration and disposition by the district court. The district court’s order should explain the reasons for the court’s ruling."

According to Redding Pitt, one of Siegelman's attorneys, Fuller would not allow the defense to even make a motion on the issue of his remaining free on appeal. The judge ruled Siegelman was not eligible under federal rules.

"The court at sentencing would not let us make the motion, much less make an argument in support," Mr. Pitt said. "That is what the appeals court is referring to in a portion of the opinion."

What the ruling means in lay terms, according to Siegelman supporter Pam Miles, is that "Judge Fuller denied release pending appeal on the day of sentencing. In sending Siegelman directly to jail, it is implied that Fuller must have had a good reason for his actions even though they have not been stated.

"Siegelman should have appealed to Fuller in writing instead of directly to (the) 11th circuit. However, the (appeals panel) states that they understand why Siegelman didn’t do this," she says. "It is certainly implied that they are referring to the act of shackling and taking him to prison that night."

"Accordingly," she says, "the (appeals panel) is asking Fuller to formally rule on the appeal bond motions with a full explanation of his ruling."

One source who is familier with this case, and how legal appeals work in the South, says it is likely that the appeals panel has indicated to Fuller that he better release Siegelman (and Scrushy?) - or they will.

AP: Appellate Judges Ask Trial Court to Decide on Siegelman Release

View the full order here:

Download Circuit_Order1.PDF