What can happen legally if the Supreme Court were to turn down the writ of certiorari?
The defendants would still have legal options, including a procedure for moving to vacate the convictions and sentences in the district court. And that would have to take place within a year after the Supreme Court decides. It would require a formalized type of a habeas corpus proceeding, called a motion to vacate judgment/conviction. It has a time limit of one year. Time limits have been imposed on almost all habeas and post-conviction litigation based on a federal law passed in 1996. We would have a one-year deadline after the conclusion of the Supreme Court process, to file an initial habeascorpus petition. There are subsequent habeas rights but the initial ones have to be filed within a year. Q: Does that mean that all and any future issues, any remaining issues of appeal, have to be presented then? A: That is correct. Q: How much does public awareness of the case and support for the Cuban Five help in gaining their freedom? A: The support has been unwavering for the Five but it ha
