Conrad Black's appeal of his conviction charges to be heard Wednesday

By: Sunny Freeman, The Canadian Press
TORONTO - Conrad Black's lawyer will appear before an American appeals court on Wednesday to persuade a panel of judges that the former publishing mogul's convictions should be dropped due to a reinterpretation of American fraud law.

Defence and prosecution lawyers will make 20-minute arguments for the judges to consider as they decide the fate of Black and three of his former Hollinger colleagues also convicted of fraud in July 2007.
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The arguments will be reviewed by a panel of three appellate circuit judges led by Richard Posner, who presided over Black's last appeal and took only 20 days to reach a decision.

James Morton, a Toronto lawyer who has been following Black's case for years, believes the court will throw out the fraud convictions but uphold the obstruction of justice conviction — and that decision could come as early as Wednesday.

"If it gets reserved, it's more likely that the court is going to do something a little more dramatic and it could be a big win for Black, or a big loss," he said.

Morton said Black would likely be resentenced on the obstruction charge, a process that would begin in early November, meaning Black will either be home for the holidays or back in jail by Christmas.

Morton said he believes Black will be sent back to jail, but he will see his sentence reduced and will be free by Christmas 2011.

However, he also admits anything could happen because he's been surprised by how Black's case has played out so far. It is very rare to be released on bail mid-sentence, especially on the advice of the U.S. Supreme Court, he said.

"To go all the way up and all the way back and have the possibility of full vindication ... if you read it in one of those legal thrillers you wouldn't believe it."