Attorneys for Don Blankenship are seeking more time to file a petition for a rehearing in order to consult with the convicted former Massey Energy CEO in prison.
Blankenship’s attorneys filed a brief Wednesday with the 4th U.S. Circuit Court of Appeals in Richmond, Virginia.
The court last week affirmed Blankenship’s conviction in connection with the deadliest U.S. mine disaster in four decades.
The 66-year-old Blankenship is serving the maximum one year in a California prison for conspiring to violate federal mine safety law and is scheduled for release May 10.
Blankenship’s attorneys say the prison restricts the days on which attorney visits are permitted and that they plan to meet with Blankenship next Sunday. They want to extend a deadline to file the petition by eight days to Feb. 10.