Does the latest appeal by former Enron chief executive Jeffrey Skilling to overturn his May 2006 conviction stand a chance? It depends on who you ask, but the proceedings scheduled for today (2 April) in New Orleans before a three-judge panel in the 5th US Circuit Court of Appeals are sure to be lively. The big question to be argued: did prosecutors mishandle key evidence before Skilling’s trial?

Last month Skilling’s legal team, led by O’Melveny & Myers’ Daniel Petrocelli, filed a supplemental appeal accusing prosecutors of failing to disclose more than 400 pages of FBI interview notes. The notes allegedly contain contradictory statements from former Enron chief financial office – and US Government witness – Andrew Fastow.