The Alabama Court of Criminal Appeals has rejected a request by former Limestone County Sheriff Mike Blakely to partially restore the jurisdiction of his case back to the trial court, so the trial judge could consider recusal and dismissal of Blakely’s conviction and sentence.
The appeals court’s short order, which was issued Tuesday, simply said that the Appellant’s “motion to remand this case to circuit court is denied,” according to the Alabama Court of Criminal Appeals.
Blakely had asked the court to “re-vest” certain powers in the trial court. He is appealing his conviction on the counts of theft and misuse of office. That appeal means the jurisdiction for the case has moved to the Alabama Court of Criminal Appeals.
Blakely’s lawyers said they recently learned that his trial judge, retired Judge Pamela Baschab, did not hold a current law license when she presided over the case, including the sentencing where Blakely was ordered to serve three years in jail. He is on bond pending his appeal.