Barry Bonds’ appeal to be argued on February 13

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Barry Bonds still hasn’t had his appeal from his obstruction of justice conviction heard. His appellate panel was announced yesterday:

Senior Circuit Judges Mary M. Schroeder and Michael Daly Hawkins along with Judge Mary H. Murguia will hear oral arguments Feb. 13.

If Schroeder’s name seems familiar, that’s because it is:

She wrote an opinion in 2010 upholding U.S. District Judge Susan Illston’s ruling to bar the testimony of former Bay Area Laboratory Co-operative executive James Valente from Bonds’ trial, which led to the exclusion of some BALCO records that the government maintained included positive drug tests.

Which doesn’t mean that her vote is in the bag or anything. Because no matter what people like to think they know about how judges roll, judges roll entirely the way they want to. And because, you know, this appeal is a totally different situation than the evidentiary appeal Bonds won several years ago.

As for that appeal, I stand by what I wrote a couple of years ago: it’s a really, really tall order to have a jury verdict set aside.  It doesn’t happen often.  That said, given what I feel were bad jury instructions with respect to the obstruction of justice charge and the unusual and, in my view, incoherent he-didn’t-perjure-himself-but-he-did-obstruct-justice outcome of the trial, Bonds stands a better chance at winning this longshot than many criminal defendants.

Former number one pick Mark Appel DFA’d by the Phillies

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Life comes at you fast.

The Phillies have designated pitcher Mark Appel for assignment. Appel was the number one overall pick, taken by the Houston Astros, in the 2013 draft before being dealt to the Phillies in 2015. He was selected one slot ahead of Kris Bryant and 31 slots above Aaron Judge, by the way.

Appel, who is somehow already 26, posted a 5.27 ERA and 60/53 K/BB ratio over 82 Triple-A innings in 2017. He’s had a history of bone spurs and other ailments that have hindered his development.

It could still come together for Appel in a new location — the Phillies have seven days to trade or waive him — but at this point you can’t consider him a prospect.