On September 13, 2017, our family was notified by the Arizona Attorney General’s Office that the 9th Circuit Court of Appeal had denied Atwood’s Writ of Habeas Corpus.
The defense had a small window of time to appeal this ruling back to the court.
On November 3, 2017 they filed a motion for a Panel Rehearing or Rehearing en banc before the 9th Circuit, meaning they were asking to have another chance to plead their case in court in front of a panel of 11 judges.
The State of Arizona filed their response to this motion on December 5, 2017.
Today, January 11, 2018, our family was informed that the 9th Circuit Court of Appeals denied the motion for Rehearing en banc.
Denied. Home Stretch.
After almost 20 years since the Writ of Habeas Corpus was filed (March of 1998), we are truly on the home stretch. This case has moved at such a glacial pace for so long it’s reassuring the momentum it has gained.
So, what does all of this mean?
In layman’s terms, the defense has 90 days, with one extension of 60 days, to appeal this to the United States Supreme Court.
150 days.
And, the United States Supreme Court can do one of two things.
- Grant Oral Arguments in the case
- Deny the petition
IF the Supreme Court grants oral arguments, the court would hear arguments and rule by June 2019. 
IF and When they deny the claims presented, a Writ of Execution will be issued.
Yes, I am going out on a limb and wagering that they will NOT hear Oral Arguments in this matter and a Writ of Execution will be ordered.
I could give you a list till next Tuesday of the reasons why the court won’t hear this case, but the reality of the claims left to argue in an almost 34 year old case, presented to them already in two other instances with the miles of paperwork, rulings and hearings that have already taken place, I just can not imagine our nations highest court taking this on.
As the last chapter writes itself, I hope that you know how very much our family appreciates your love and support. Who would have ever imagined a beautiful little 8 year old, blue eyed girl, who loved riding her bike, playing softball & watching her Papas race cars, would impact the hearts of so many? We are Vicki’s voice. Our strength continues to grow with her memory and with you.
Love Never Forgets.