FULTON COUNTY, Ga. — A judge has granted an appeal for his decision to keep Fulton County District Attorney Fani Willis on the Trump election interference case.
However, he said on Wednesday, he will not delay the trial for that appeal. Now, a lot of people are wondering what comes next.
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Channel 2’s Candace McCowan was live outside the Fulton County Courthouse on WSB Tonight at 11 p.m. with a breakdown and there is a calendar of sorts.
Since the judge granted permission for the appeal, attorneys for the defendants in the case have 10 days to make their move.
“The next thing that’s going to happen is they, they being the defendants have to apply for an appeal with the court of appeals,” said former prosecutor Chris Timmons.
It’s the next move for attorneys, for defendants in the election interference case. Their mission is to have DA Willis taken off the case.
On Wednesday, Judge Scott McAfee granted the defendants request for a certificate of immediate review giving them the ability to apply for an appeal.
Timmons has argued in front of the court of appeals before. He says now, once attorneys for defendants apply for an appeal, the court of appeals will have a decision to make.
“It goes to a three-judge panel if any one of the three says yes then they can take the case,” said Timmons. “They have to make that decision within 45 days with the rules of the court and statute.”
This is the latest in the fight to have DA Willis removed from the case because of her relationship with special prosecutor Nathan Wade. The judge allowed Willis to stay on the case if Wade was removed. Wade resigned within hours of the decision.
Often cases stall when appeals are filed, and it’s a process that can take time.
“Generally, it could take a year, a year, and a half,” said Timmons.
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But McAfee’s Wednesday ruling says the court will continue to address the many other unrelated pending pretrial motions.
“So that when the case comes back from the court of appeals they’re ready to go, ready to go to trial,” said Timmons.
Appeals can take some time, but there are cases where the process can be expedited.
McCowan said if the court of appeals decides to hear the case, one side could ask for an emergency motion and the court could decide to quickly make a decision.
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