Attorney Michael Rains told NBC Bay Area that Superior Court Judge Robert Perry will hear his argument on Friday, Dec 3. Rains said he believes Mehserle has a right to have bail set and to be released while the appeal process moves forward.
No one knows if Perry will agree with Rains' argument.
Rains said if Perry sides with him, he would then set a bail amount which would have to be posted before Mehserle is set free. That could technically happen on the same day of the hearing Dec. 3.
The San Francisco Chronicle notes that under California law, a defendant who seeks release on bail after being convicted of a felony must show he is not likely to flee and is not a danger to the community. The judge must also find that the defendant isn't using the appeal as a delay tactic.
Even if the judge rules against Rains, with credit for time served, Mehserle could be eligible for parole in seven months.