According to a July15 court filing, former Massey Energy CEO Don Blankenship will have a chance topresent his case for appeal during the Oct. 25 through Oct. 28 argumentsession. Blankenship is currently serving a one-year sentence on misdemeanorcharges of conspiracy to violate mine safety laws.

Blankenship's sentence stemmed from an investigation intothe explosion of the Upper Big Branch coal mine that killed 29 miners in 2010.Blankenship's defense has argued his prosecution was and a coalition of coal industrytrade groups recently asked to participate in the appeal over of potentialprosecution of coal executives in the future.

Blankenship has been serving his at a federal prison inCalifornia since May 12. Massey Energy was bought by ,currently in the process of bankruptcy reorganization, after the explosion.