From The Star Ledger:
…the defense is now challenging the constitutionality of the bias intimidation law under which the former Rutgers freshman was convicted.
Ravi’s attorney, Steven Altman, filed a notice with the appellate court, outlining his intention of appealing the convictions for bias intimidation, invasion of privacy, hindering his own apprehension and tampering with evidence for training a webcam on his roommate, Tyler Clementi, in September 2010.
The notice lists the proposed issues to be raised on appeal, including that the bias intimidation statute is unconstitutional as applied to Ravi and that several decisions by Superior Court Judge Glenn Berman, who presided over the trial earlier this year, “prejudiced the defendant’s ability to get a fair trial.”
We’re curious what the team will concoct to show how bias intimidation is “unconstitutional.”
Meanwhile, the prosecution is appealing the 30-day sentence:
The sentence was a departure from state sentencing guidelines that require a judge to find extraordinary circumstances to overcome the presumption of a prison term for the second degree convictions and replace them with probation.
Middlesex County First Assistant Prosecutor Julia McClure, who handled the state’s case, immediately appealed Berman’s sentence, but it could be years before the appeal is decided, according to court officials. The appeal immediately stayed Ravi’s sentence, but the young man decided to serve it anyway, in order to “get on with his life,” according to his statement, released May 29.
McClure told the judge during the hearing May 30 that she wanted Ravi sentenced to five years in state prison.