July 30, 2003 -- Posted at 7:13 a.m. CDT
LITTLE ROCK, Ark. --Former governor Jim Guy Tucker was turned away by a federal judge in his request for the paperwork necessary to appeal his conviction and sentence in a Whitewater-related fraud case.
Tucker argued that a federal judge was wrong not to set aside the conviction and sentence. Tucker had sought a certificate of appealability that would allow him to appeal to the Eighth U-S Circuit Court of Appeals the June 16th ruling from U-S District Judge George Howard Junior.
The ex-governor said Howard's decision denied him his constitutional rights. Before moving on to the next stage, he would need the court to certify that he raised and lost Constitution-based claims.
A lawyer for Tucker says he plans to appeal to the Eighth Circuit anyway and let the appeals court decide whether to grant the certificate of appealability.