On Oct. 4, U.S. District Court Judge Susan Bolton will decide if Arpaio conviction stands.

[Miles Archer]

U.S. District Court Judge Susan Bolton canceled former Sheriff Joe Arpaio's upcoming sentencing hearing for his criminal contempt-of-court conviction, telling attorneys not to file replies to motions that were pending before his recent presidential pardon.

However, Bolton on Tuesday stopped short of throwing out the conviction based solely on Arpaio's request. Instead she ordered Arpaio and the U.S. Department of Justice, which is prosecuting the case, to file briefs on why she should or shouldn't grant Arpaio's request.

Arpaio's attorneys asked Bolton on Monday to vacate Arpaio's conviction in light of President Donald Trump's Friday pardon.

Bolton has scheduled oral arguments on the matter for Oct. 4, the day before Arpaio was supposed to be sentenced.

There is case law that says a pardon implies an admission of guilt, and that will have to be argued in open court.

http://www.azcentral.com/story/news/local/phoenix/2017/08/29/judge-wont-vacate-former-sheriff-joe-arpaios-contempt-conviction-without-oral-arguments/614854001/

[rurallib]

1. I am no lawyer, but why should the pardon have any bearing on Arpaio's conviction?

Actually I would think if it had any influence at all it would indicate that Arpaio was guilty, thus the pardon.

[no_hypocrisy]

2. Arpaio's counsel made a post-judgment motion to vacate the conviction in light of the pardon.

To clear his record completely. Sort of circular logic of "If he's pardoned, therefore, he can't remain guilty."

With my limited knowledge of the law, either there was enough evidence to convict or there wasn't. Arpaio was found guilty beyond a reasonable doubt with the evidence presented at trial. I don't believe a pardon is relevant to that criminal standard.

Found some information: When a person is granted parole the decision of the court is not overturned.  A pardon is an executive action that sets aside punishment for a crime.  However, when a person receives a pardon, it does not show that the person was not convicted of a crime.  Pardons just eliminate the further effect of having been convicted.  A defendant’s guilt or innocence is not adjudged when providing a presidential pardon.

Generally, an offender who accepts a pardon pending an appeal from the conviction waives all rights upon the appeal.

https://pardonandparole.uslegal.com/operation-and-effect-of-pardon/

[maxsolomon]

3. No. Convicted, then Pardoned.

The Conviction stands.

[left-of-center2012]

4. Bolton? Any connection to ...