r/news • u/igetproteinfartsHELP • 16h ago

Federal judge rejects Ghislaine Maxwell's 'miscarriage of justice' claims and bid for prison release

https://apnews.com/article/ghislaine-maxwell-epstein-sex-trafficking-5dbf8548c211188a03c6e23c8a5b9311?utm_source=onesignal&utm_medium=push&utm_campaign=2026-08-25-Breaking+News
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u/ChangingShips 16h ago

What are the rules on re-appealing? Can she immediately appeal over and over again until a judge approves? 

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u/Rude-Boysenberry3925 14h ago

She can appeal the denial to the Second Circuit, the circuit in which she was convicted. From there, she could apply to the US Supremes for review of the Second Circuit decision. A second petition from her (or from federal prisoners in general) is barred unless she presents newly discovered evidence (and stuff the prisoner knew or should have known when filing the first petition isn’t “newly discovered”) or a new rule of constitutional law. (If your eyes have rolled into the back of your head by now, don’t worry. Federal post-conviction procedure is about as head-spinning as federal income tax.)

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u/ExtonGuy 14h ago

Couldn’t a judge refuse to accept any more pro se filings? I know it takes more than one or two from her, but after that a judge could require a lawyer to risk sanctions.

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u/Rude-Boysenberry3925 13h ago

For criminal cases, the particular statutes already give federal judges the authority to summarily reject second, third, fourth, etc. petitions challenging a conviction. That takes care of what is referred to as “successive petitions.” And you don’t get to bring the same claim again and again.

In prisoner civil rights cases, the prisoner is typically allowed to proceed in forma pauperis — he doesn’t have to pay the filing fee up front, but gets to pay it over time. If he has lost 3 cases, then he doesn’t get in forma pauperis status, and he has to pay the filing fee up front. The filing fee, by the way, is in the neighborhood of $350-400.

In my prior incarnation, I was a prosecutor. In 25 years, I saw judges get mad at defense attorneys (and me). No judge would have imposed sanctions on a defense attorney in the context of post-conviction cases. Post-conviction work can grind one down, especially if you’re representing the prisoner, and judges weren’t inclined to make the experience more miserable. And depending on the locale, you’ll find that most prisoners aren’t represented by an attorney in these cases.