On Wed, Aug 27, 2008 at 11:02 AM, Geoffrey Spear <[EMAIL PROTECTED]> wrote: > On Wed, Aug 27, 2008 at 10:39 AM, ihope <[EMAIL PROTECTED]> wrote: >> The judgement of FINE on the question on sentencing is still in >> effect, as I never appealed it. Since it has not been appealed since >> then, and it has certainly been more than two weeks since it was first >> assigned, it now cannot be appealed. Therefore, you are powerless to >> assign any other sentence. > > When the question on culpability ceased to be applicable with a > judgment of GUILTY (when it was REMANDed), the question on sentencing > ceased to be applicable as well, per R1504.
Yes, but ceasing to be applicable doesn't mean it ceases to have a judgement. When it becomes applicable again, it will still have that judgement. --Ivan Hope CXXVII
