Blankenship lawyer Bill Taylor asked the 4th Circuit to delay the deadline for a rehearing petition from Feb. 2 to Feb. 10.
In a motion, Taylor said that defense attorneys need to consult with Blankenship on the matter, and that the Taft Correctional Facility in California -- where Blankenship is serving a one-year sentence -- “restricts the days on which attorney visits are permitted.”
“Counsel will be meeting Mr. Blankenship at the Taft Correctional Facility this coming Sunday, January 29, 2017, for the purpose of discussing the petition, including which issues to present in it,” Taylor wrote.
Blankenship can also appeal the 4th Circuit decision to the U.S. Supreme Court. In December 2015, a federal jury convicted Blankenship of one count of conspiring to violate federal mine safety standards at Massey’s Upper Big Branch Mine, where 29 miners died in an April 2010 explosion.